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Religious 'Defense To Prosecution' for Drug Possession

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  • 02-26-2008, 06:24 PM
    Acoustics27
    Religious 'Defense To Prosecution' for Drug Possession
    I am over 18 and a resident of Tennessee. My question is this:
    Is there any way to defend against marijuana charges based on religious freedom and 1st amendment rights?

    The reason I ask is because I came across a group called the THC Ministry at http://www.thc-ministry.org/ and they claim they "can help to protect you from arrest, prosecution and/or conviction of ‘marijuana’ charges - wherever you live - starting as soon as you sign-up, become ordained and receive your ministry documents." I was wondering how legitimate/credible this really is. If I am sincerely religious and use cannabis as a religious sacrament, can this be used to defend against charges, or get them thrown out, deemed unconstitutional for imposing on my religious practice?
    If someone has the time, check out the website and help me figure out how this would play out legally. Thanks!!
  • 02-26-2008, 06:43 PM
    Mr. Knowitall
    Re: Religious 'Defense To Prosecution' In Tennessee
    I can almost imagine what the judge might say.... "You thought you could become a minister in an Internet religion and be exempt from drug laws? What were you smoking? Wait... let me guess."
  • 02-26-2008, 06:52 PM
    Acoustics27
    Re: Religious 'Defense To Prosecution' In Tennessee
    I was looking for something a little more elaborate/detailed than that. I realize a judge might not take it seriously, but they have several documents to help you and cases that were won to back you up in a legal situation. Check out the fourth post in this forum http://www.thc-ministry.org/forum/showthread.php?t=4129 where they give several documents to be edited personally for individuals to present to the officer or LEO or whatever. They look pretty good to me, but I am at best a novice when it comes to the workings of U.S. law.
  • 02-26-2008, 07:24 PM
    Mr. Knowitall
    Re: Religious 'Defense To Prosecution' In Tennessee
    If you want to be scammed, go ahead and send them your money. Just don't cry to me when you end up with a criminal conviction.
  • 02-26-2008, 07:33 PM
    Acoustics27
    Re: Religious 'Defense To Prosecution' In Tennessee
    You are not answering my question. I never said anything about me paying them. All of their resources/documents are free to the public and I would rather gather them myself than foolishly pay someone $250 for the convenience!
    I just want to know the answers to my questions. If you cannot or will not answer, then I prefer no reply over a smart ass comment. Thank you.
  • 02-26-2008, 08:34 PM
    Acoustics27
    Re: Religious 'Defense To Prosecution' In Tennessee
    Is there anyone that has a decent answer to my question? Mr.KnowItAll is not holding true to his name. I just wanted a little legal advice from someone more schooled on the law than myself, without the unnecessary, irrelevant comments. :confused:
  • 02-27-2008, 01:37 AM
    BOR
    Re: Religious 'Defense To Prosecution' In Tennessee
    Quote:

    Quoting Acoustics27
    View Post
    Is there anyone that has a decent answer to my question? Mr.KnowItAll is not holding true to his name. I just wanted a little legal advice from someone more schooled on the law than myself, without the unnecessary, irrelevant comments. :confused:


    You can review this SC decision. Here the court ruled a state CAN prohibit peyote ceremonial use by Indians and it does NOT violate the 1st AM. The court left the decision in the state's hands.

    If your state prohibits MJ use as ceremonial, a 1st AM argument will fail, IMO.


    http://www.law.cornell.edu/supct/htm...4_0872_ZS.html

    Also in the Raich decision handed down a few years ago, the USSC said it still violated federal drugs laws where states permitted medical MJ use.



    http://www.law.cornell.edu/supct/html/03-1454.ZS.html
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