cannabisnews.com: Rastafarian Wins Religious Defense Rastafarian Wins Religious Defense Posted by FoM on September 15, 2000 at 12:00:31 PT For Immediate Release Source: Cognitive Liberty The Guam Supreme Court has dismissed criminal charges against a man who claimed that he is a Rastafarian and was importing marijuana for religious use. The decision was based on the Guam court’s interpretation of Guam’s Free Exercise clause, rather than the Free Exercise Clause of the federal Constitution. In reaching its decision, the Guam Supreme Court reasoned that the proper test under Guam’s free exercise protection is the strict scrutiny test that the US Supreme Court used prior to its disastrous 1990 opinion in the Smith peyote case (494 US 872). Under the strict scrutiny test, the Guam court held that the prosecutor had the burden of proving that Guam’s ban on all marijuana importation was justified by a compelling governmental interest, and that the importation ban achieved its objective by the least restrictive means possible. The prosecutor, in a foolish strategic decision, presented absolutely no evidence to justify Guam's wholesale ban against importing marijuana. Thus, the Guam Supreme Court wasted no time concluding that because marijuana was a necessary sacrament of the Rastafarian religion, and because the prosecution failed to justify the burden placed on the practice of the Rastafarian religion by the law against importing marijuana, the importation ban violated Guam’s free exercise protection.This opinion (Guam v. Guerrero, (September 8, 2000) 2000 Guam 26, No. CRA99-025) is a major breakthrough for religious users of controlled substances. The published opinion from Guam’s highest court will be persuasive precedent for defendant’s outside of Guam, who will be able to cite the case for the proposition that strict scrutiny is, indeed, the proper test to apply when a religious defense is raised to criminal drug charges.The full opinion in Guerrero is online in the drug law library of our Center for Cognitive Liberty & Ethics.Direct URL is: http://www.cognitiveliberty.org/lawlibrary/cases/guerrero_case.htmThis news release is available on the Internet at:http://www.cognitiveliberty.org/newsrelease/guerrero_release.htmAbout the Center for Cognitive Liberty & Ethics:The Center for Cognitive Liberty & Ethics is a nonpartisan, nonprofit, law and policy center working in the public interest to protect fundamental civil liberties. The Center seeks to foster cognitive liberty - the basic human right to unrestrained independent thinking, including the right to control one's own mental processes and to experience the full spectrum of possible thought. Web site: http://www.cognitiveliberty.orgNewsHawk: Ras MakahnaWeb Posted: September 14, 2000Center for Cognitive Liberty and Ethics • PO Box 73481 • Davis, CA 95617-3481 Contact: info cognitiveliberty.org© Copyright Alchemind Society, 2000. CannabisNews Articles - Rastafarianhttp://cannabisnews.com/thcgi/search.pl?K=Rastafarian Home Comment Email Register Recent Comments Help Comment #2 posted by RAS JAMES on October 05, 2000 at 14:39:44 PT CANNABIS...THE TREE OF LIFE IN CASE YOU DON'T KNOW, CANNABIS SATIVA IS THE "TREE OF LIFE" THAT HAS NOW MANIFESTED...PROMISED IN THE BOOK OF REVELATIONS 22:I&2. AS A BOTTOM-LINE-RASTA, THE I-MAN STANDS ON THE FINAL WORDS OF THE ALMIGHTY; "THE GRACE OF THE LORD JESUS BE WITH THE ALL." GIVE ALL PRAISE AND THANKS TO JAH RASTAFAR-I WHO LIVETH AND REIGNITH IN I AND I. [ Post Comment ] Comment #1 posted by Ethan Russo, MD on September 15, 2000 at 13:13:51 PT: Federal Oversight I am gonna bet that the Feds jump on this in a hurry and remind the Guamanians just who is the colonial overlord. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: