Religious Use Defense
..Here is a brief summary/intro from one humble perspective
to go with "Creative Philosophy and Sociology..." and Addendum...
This gives a brief sketch of how someone might use provisions of the
Religious Freedom Restoration Act of 1993 to make a claim or defense
for their cultural practices, such as marijuana use and Peaceable
...this is Creative Philosophy and Sociology, ...not formal legal
This is a short summary of Religious Use Defense, to go along with my
long, many paged document Creative Philosophy and Sociology of the Law
of Peace, which contains a rather full compilation of the the overall
picture of the law, as it relates to the Religious Freedom Restoration
Act of 1993 (RFRA &93), and the U.S. Constitution, in regards to
Peaceable Assembly and Marijuana as Sacrament, etc.. For you, as an
individual, this (brief) document can only be viewed as my sharing
ideas as to how to approach a situation, not as formal legal advice.
I am giving you my perspective on these matters, as a traveler on the
Road of Life, for your information. ...thanks.
Suppose you are approached by an officer of the law:
Possession, Use, Growing, Sharing of Marijuana/hemp, or
Other Helpful Herbs And plants
- Give only the information that is required. Give as little
information as possible, and if there are to be possible (criminal)
charges. Say nothing. Do not consent to search, try to remain
silent, ask for legal help, contact friends and family, do not give
them names of friends or associates, etc.
- If you are busted -- request legal help, and/or when you stand
before a Judge, alone -- pro se -- or with a Public Defender, or
Lawyer -- Innocent -- request Religious Use Defense, under Religious
Freedom Restoration Act of 1993, and the First Amendment to the
U.S. Constitution. -Your Lawyer, the Judge, Prosecutors, etc., all
know that you have the Right to this Defense.
- What if? you say,... you ain't religious -- well, do you or do
you not believe, feel, know, accept, want, will, do believe that
Marijuana helps you: for sacrament, medicinal, industrial -- Helps
your mental health, makes you feel better. Consider your first
(inhale) of marijuana, and your reaction/relationship to your first
&toke' of marijuana. Did this make you feel different, better?
And/or, do you or have you had a long standing relationship to
marijuana? Do you consider this a (habit ) or is it your cultural
practice/your lifestyle, i.e your beliefs --CREED? Do you feel that
you have the Right to use/possess/grow/share marijuana? Or do you
feel that Marijuana is just a plant? If marijuana is a significant
part of your everyday life, you QUALIFY.
- Consider this: Are you committing a crime when you
use/possess/grow/share marijuana or are you exercising your Right to
your (pursuit of happiness? Are you exercising your Right of Free
Expression? (see Soapbox decision). You have the Right to Free
Exercise of Religious beliefs; i.e. under due process, what goes for a
Rastafarian goes for an athiest, goes for someone who just believes
marijuana/hemp is good for them and is good for society. [see First
Amendment, Religious Freedom Restoration Act of 1993, Rastafarian
ruling, 1996.] Only you know if you have criminal intent or First
Amendment intent in freely exercising your
religious/political/cultural/lifestyle beliefs; ie, CREED. In Civil
Rights --Race, Color, Creed --Equality!
- When you meet your lawyer, or Public Defender, say (I want to use
Religious Use Defense.) Give him this list of cases below; or if you
are pro se, check through these cases, any law library has them,
and/or your lawyer or public defender can easily access them e-mail.
Do not be surprised if your Lawyer, Judges, or Prosecutors, have not
heard about these cases and the Religious Freedom Restoration Act of
1993. However, they are bound by this Act of Congress and the Code of
Judicial Conduct to help you with this Religious Use Defense.
- Your personal witness, plus your affidavits and expert witnesses,
is your Religious Use Defense; this is what constitutes your Claim
under Religious Freedom Restoration Act -- see section on Judicial
- Under Due Process Laws, if a Rastafarian can use Religous Use
Defense, someone who isn't religious at all, or is an athiest or an
agnostic or a non-believer, anyone with an intrinsic relationship to
marijuana/hemp is equally protected under due process laws -- see
Rastafarian ruling, and U.S. Constitution.
Peaceable Assembly -- Gathering
If you and your friends or other People, gather for some purpose, or
Peaceably Assemble , on Public or Private Land, for any form of
Cultural Expression -- i.e. barter faire, gathering, outdoor music
festival, religious and/or political assembly, and/or other types of
Peaceable Assembly, and/or to petition for Redress of Grievances,
and/or generally to get togather in order to have a Peaceable
Association -- the Religious Use Defense, and the Soapbox Decision are
good to know. All these cases relate to a Person's Right to
EXPRESSION of their CREED -- their expression of shared beliefs --
within the context of a Peaceable Assembly.
The Federal Department of Agriculture, Forest Service Regulation 36
CFR 251-261 (listed below) is a good one to study because it outlines
the Government's case, applied Federally. However, most locales:
City, County and State, will use similar (generally applicable laws)
in order to stop Peaceable Assemblies. There is an entire section in
RFRA &93 on (generally applicable laws.)
Religious Use Defense, applies to all Peaceable Assemblies. If People
Gather or Assemble Peaceably, they, as Individuals and Together
(collectively), are being Constitutionally correct -- it is within an
individual's inalienable Rights to (pursuit of happiness) and (Free
exercise) of Religious/political/culural/lifestyle Expression of
beliefs, i.e. CREED. How to Peaceably Assemble is a (power. .. held
respectively by the People) [see U.S. Constitution]. Under RFRA &93,
(generally applicable laws) -- such as (enforcement emphasis) or
(Police State tactics) on the threshold of Peaceable Assemblies --
would violate First Amendment Freedoms.
This is illegal.
Either Pro Se, or with your Lawyer, demand Religious Use Defense --
it is your right!
- Read the U.S. Constitution, First Amendment etc... Learn your
Rights so when you are stopped or arrested, you can Stand Up for Your
- Native American Religious Freedom Act of 1979 -- Native American
folks should ask your lawyer to explain your Rights under this Act,
and see Employment v. Smith, 494 U.S. 872, 108 L. Ed. 2d 876, 110
S. Ct. 1595 (1990) (Peyote case, Oregon), mentioned in the Religious
Freedom Restoration Act of 1993
- Religious Freedom Restoration Act of 1993 -- Public Law 103-141
(H.R. 1308). [note: This is retroactive (applies before 1993)-- see
- Rastafarian ruling...JAH RastaFarI leads the Way!...Right to
Religious Use Defense for marijuana under RFRA &93 -- Fed 1996 --
U.S. v. Dawn Meeks, et al, No. 94-30076, et al, 1996 U.S. App. LEXIS
1458, United States Court of Appeals For the Ninth Circuit --Filed
Feb. 2, 1996.
- Soapbox Decision, June 1995 -- U.S. Supreme Court, June 19, 1995,
John J. Hurley and South Boston Allied War Veterans Council, v. Irish
G.L.I.B. -- No. 94- 749 -- Right to your own Free Expression,
i.e. Free Speech...
- United States Department of Agriculture, Forest Service Regulation
36 CFR 251 - 261 -- [Federal Register Vol 60, No. 168, Wed August 30,
1995, pgs. 45259 etc.] - - This Regulation is a (generally applicable
law,) like marijuana regulations -- it contains the Federal
Government's case law concerning marijuana as well as Peaceable
Assembly on Public Lands -- gives you a good idea what you are up
- U. S. v. Rainbow -- U.S. v. Barry Adams, pro se, (Texas, 1988),
and U.S. v. Gideon Israel (Arizona, 1986) -- are both positive
decisions relating to Religious Use Defense for Individuals' Rights to
Gather (sustained by RFRA &93).
- My full paper: Creative Philosophy and Sociology of the Law of
Peace -- which has most of all this information in it -- includes
addendum on Soapbox decision -- available on e-mail at various Rainbow
points of light addresses, also... firstname.lastname@example.org
Good luck to you all, keep the faith, all information welcome, stand
tall for your rights to your Civil Liberties, let's turn this energy
around, please don't wait to be busted,... find ways... restore your
Religious Freedom -- Creed... -- NOW!
Harriet Tubman Lives! -Your friends and family on the Road,
Barry Adams, plunker, and Sue -- Montana Family -- Rainbow Tribe
WEEP Box 8574, Missoula, MT 59807
-- Restore the Earth -- Restore the People --