The First Church of Cannabis in Indiana saw their lawsuit go up in smoke. The church, which claims that their congregation uses marijuana in a sacramental manner to grow closer in love to one another, sought to get a religious exemption to the state’s marijuana laws under Indiana’s Religious Freedom and Reformation Act (RFRA).
Religious Freedom or Reefer-dom
The state’s RFRA, which is based on the federal RFRA, was signed into law by then Governor Mike Pence.
This state law was intended to reaffirm a person’s right to exercise religion. But evidently, it has to be the “right,” err … “correct,” religion. Judge Jude struck down the petition, stating in her judgment that “undisputed evidence demonstrates that permitting a religious exemption to laws that prohibit the use and possession of marijuana would hinder drug enforcement efforts statewide and negatively impact public health and safety.”
Church Will Appeal
Perhaps it would be easier if the church moved out to California, or another state that allows for recreational marijuana use. But the church isn’t interested in easy solutions. They firmly believe that this is a violation of their First Amendment Right to free exercise of religion that is protected by RFRA. Bill Levin, the church’s Grand Poobah, does intend to fight the decision. Stay tuned to see if this case will be referred to the “higher” appellate court.
Marijuana laws vary by state. Before lighting up, make sure to stay on top of the laws in your state.
Related resources:
- “Cannabis Church” Raid Prompts Lawsuit (FindLaw’s Legally Weird Blog)
- Details on State Marijuana Laws (FindLaw’s Learn About the Law)
- Medical Marijuana Laws by State (FindLaw’s Learn About the Law)
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