Religious Group Sues Ashcroft and the DEA
The Religion of Jesus Church and TheTHC Ministry have sued Attorney General John Ashcroft and the DEA seeking to prevent the arrest of those who use marijuana for religious and medicinal purposes.
A Complaint for injunctive relief was filed today in the U.S. District Court for the District of Hawaii against U.S. Attorney General John Ashcroft, D.E.A. Administrator Karen Tandy, and local U.S. District Attorney Ed Kubo by religious and medicinal consumers of cannabis. The suit seeks to enjoin the Federal government from arresting and prosecuting those residents of Hawaii whose religions and religious beliefs require the consumption of cannabis (the herb governments derogatorily label as “marijuana”).
The lawsuit also seeks protection from federal prosecution for those citizens of Hawaii who cultivate, consume and/or distribute cannabis legally pursuant to legislatively enacted Department of Public Safety Narcotics Enforcement Division guidelines and valid patient/caregiver registration certificates.
THC says they believe they will prevail based upon the recent 9th Circuit case of Raich v. Ashcroft.
The Plaintiffs also rely upon the federal Religious Freedom Restoration Act to secure their definitive right to free exercise of religion. That Act was recently used to prevent the federal government from prosecuting a New Mexico based, Brazilian Uniao Do Vegetal themed religion for their importation and distribution of Ayahoasca, a hallucinogenic-laced tea from the Brazilian rainforest.
The lawyer for the Plaintiff adds:
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