Pot user loses his religion defense

[FruityBud]

In what is likely a first-of-its-kind case in Colorado, a judge here convicted an Avon man of marijuana possession Tuesday, despite his claim that the charges violated his First Amendment rights because he needs cannabis for religious purposes.

Trevor Douglas, 25, told the court he uses cannabis as a religious sacrament, similar to the use of bread and wine in Catholic Holy Communion. He holds membership in two churches that espouse such beliefs and said he was trained by his parents to use marijuana in holy ceremonies.

"I believe that, as mentioned in the Bible, cannabis is the tree of life," Douglas, acting as his own witness, said at his two-hour trial. "I hold the plant very sacred to myself. Obviously it is very sacred to my church. I couldn't envision my life or my church without it."

Throughout his testimony, Douglas thumbed through pre-marked passages in a Bible — defense exhibit No. 3 — that he believes reference cannabis.

"It is a way of communicating with God," Douglas said. "I truly believe that it is the botanical messiah."

Douglas sparred with prosecutor Michael Angel over whether the Bible truly substantiates his beliefs.

"They actually never say 'cannabis,' " Angel said, referring to the Bible passages. "They say a different word that your religion has interpreted to mean cannabis."

A Colorado State Patrol trooper stopped Douglas in August for having an expired vehicle registration. During the stop, the trooper smelled marijuana, which Douglas willingly handed over while explaining it is part of his religion.

Douglas pleaded guilty to the expired registration charge Tuesday but went to trial over marijuana and drug paraphernalia charges, both petty offenses.

Douglas' attorney, Rob Corry, said cannabis is integral to Douglas' religion, making his possession of it protected under the First Amendment.

But Clear Creek County Judge Rachel Olguin-Fresquez took a narrower approach.

It wasn't that Douglas was faking his beliefs, Olguin-Fresquez said. Instead, the issue was whether his personal spiritual practices — and those of his fellow adherents — amount to a religion as defined in case law.

"It does not appear to this court that the defendant is practicing a religion so much as his own beliefs," she said.

Olguin-Fresquez sentenced Douglas to perform 30 hours of community service and pay several hundred dollars in fines. Douglas said he plans to appeal.

hxxp://tinyurl.com/y9qvt2y

 

[Icex420]

The judge probably laughed at him. I would have.

 

[PencilHead]

Yeah, the Rastas tried that gambit waaaay back when they first came to this country--didn't work then either.

The moron's in Colorodo, for God's sake, why doesn't he just go get a script?

 

[Diversified]

I know that some of the Native American tribes use marijuana for religious ceremonies and are protected in some states.

 

[PencilHead]

"Trevor Douglas" doesn't sound too Native American, though.

The Seminoles are allowed to do most anything they want--kill endangered cougars, kill endangered eagles, kill endangered owls, kill endangered Seminoles, open casinos--all in the name of their religion.

 

[Icex420]

Screw all forms of religion.

 

[Diversified]

"Trevor Douglas" doesn't sound too Native American, though.

I didn't mean to imply he was Native American. My point was that if they allow it for 1 religion, who are the courts to decide that his religion shouldn't be given the same rights?

 

[loolagigi]

im not touching this thread with a ten foot stick.

 

[WeedHopper]

PPL have a habit of using Religion as an excuse for anything and everything. As the Politicians do with our laws for governing Marijauna.

 

[Rosebud]

"I truly believe that it is the botanical messiah."
:giggle: :giggle: :yay: :yay: :banana: :banana:
You gotta love that.

I quite often believe that, especially after a good bowl.

 

[The New Girl]

loolagigi :

im not touching this thread with a ten foot stick.

hehe, can't blame ya but I'm not as smart as you!!!





Hey, I think it's a good defense, he just couldn't remember a religion that promotes it's use! Ohhhh - ...no personal politics or God talk here...though I thought I saw God after a few good hits of some Afghani sht...

Ya know, nowhere, ever, have they mentioned the relief weed gives from menstrual cramps...

in Wikipedia there are many references for religions that use pot...

Rastafari use

Members of the Rastafari movement use cannabis as a part of their worshiping of God, Bible study and Meditation. The movement was founded in Jamaica in the 1930s and while it is not known when Rastafarians first made cannabis into something sacred it is clear that by the late 1940s Rastafari was associated with cannabis smoking at the Pinnacle community of Leonard Howell. Rastafari see cannabis as a sacramental and deeply beneficial plant that is the Tree of Life mentioned in the Bible. Bob Marley, amongst many others, said, "the herb ganja is the healing of the nations." The use of cannabis, and particularly of large pipes called chalices, is an integral part of what Rastafari call "reasoning sessions" where members join together to discuss life according to the Rasta perspective. They see cannabis as having the capacity to allow the user to penetrate the truth of how things are much more clearly, as if the wool had been pulled from one's eyes. Thus the Rastafari come together to smoke cannabis in order to discuss the truth with each other, reasoning it all out little by little through many sessions. They see the use of this plant as bringing them closer to nature. In these ways Rastafari believe that cannabis brings the user closer to Jah, Haile Selassie I, and pipes of cannabis are always dedicated to His Imperial Majesty before being smoked. While it is not necessary to use cannabis to be a Rastafari, some feel that they must use it regularly as a part of their faith. "The herb is the key to new understanding of the self, the universe, and God. It is the vehicle to cosmic consciousness" according to Rastafari philosophy,[45] and is believed to burn the corruption out of the human heart. Rubbing the ashes from smoked cannabis is also considered a healthy practice[46].
[edit] Other modern religious movements

Elders of the modern religious movement known as the Ethiopian Zion Coptic Church consider cannabis to be the eucharist,[47] claiming it as an oral tradition from Ethiopia dating back to the time of Christ.[48]

Like the Rastafari, some modern Gnostic Christian sects have asserted that cannabis is the Tree of Life.[49]

Other organized religions founded in the past century that treat cannabis as a sacrament are the THC Ministry, the Way of Infinite Harmony, Cantheism, the Cannabis Assembly, the Church of Cognizance[50], the Sinagogue of Satan, the Church of the Universe.[51][52], The Free Marijuana Church of Honolulu.[53]and The Free Life Ministry Church of Canthe.[54]

Modern spiritual figures like Ram Dass[55] and Eli Jaxon-Bear openly acknowledge that the use of cannabis has allowed them to access "another plane of consciousness" and use the drug frequently.


Hmmm, did I mention God, I'm high, sorry don't rememeber...

 

[leafminer]

Well, you can all come on down here if you like, go to Real de Catorces, and eat all the peyote you like and vomit all over the place. Courtesy of the government; it is a protected religious thing.

 

[Amateur Grower]

Well, you can laugh at his defense if you want, but if you look at it on its base merits...

In the last few years, I've given it a lot of thought. There is NOTHING else in the way of "mood enhancers, relaxers, intoxicants" or whatever you want to call it that is purely natural like pot, with the pros outweighing the cons so dramatically. (Mushrooms grow naturally, but you can't just pick any mushroom to eat or make tea with).

Alcohol is so destructive to both the human body and society in general. (And yes I drink alcohol-too much sometimes, so I feel I'm very qualified to comment on that!)

Cigarettes are made from a natural plant, but it's very clear the harm ingesting the tars and nicotine does. (And again, yes, I do smoke cigarettes some, even knowing how bad it is for me).

Pot is planted, grown, harvested and used, without any adulterating. You grow it like you grow tomatoes. Does pot make you act like someone you're not? It doesn't do that to me. Does pot make you want to fight, or rob or rape someone? It doesn't do that to me. Does pot make you lose control like alcohol? It doesn't do that to me.

Point is, who's to say that pot wasn't put here by God (whoever your God may be) for our enjoyment and to commune with Him? As was stated earlier, the Indians used it to enter into communion with their God(s). What do you think was in their peace pipes?

I think the guy in this article may be just trying to bring attention to the fact that our government, in their infinite paranoia, has taken away our right to partake in something put here by our Creator for us to enjoy...

....or maybe not! I'm not trying to start an argument, I'm just saying. I used to feel almost dirty about smoking pot, like I was doing something really bad, but no more. If you can get by in life without using anything to alter your perception or "take the edge off", you're probably a better, more well-adjusted person than I am. I think pot was put on this planet for those of us who do need something to help us get by-whether it's to ease the pain of menstrual cramps, maybe negate some of the horrible effects of chemotherapy, to ease some of the symptoms of Multiple Sclerosis, or whatever.

Once my kids all reach the age of majority, I'm seriously considering making a public stand with NORML to help repeal the crazy laws that put people caught possessing or cultivating small amounts of pot IN JAIL. That's just crazy-and WRONG.

AG

Hick and other Mods-I hope I'm not out of bounds here.

 

[uberness]

Well, there is a religion that practises the use of dimethyltryptamine, named Santo Daime, look it up.
It's not even close to what this guy was saying though, he was trying to re-interpret the bible.
Now, if their was a religion with cannabis at the center of it, then, he could have gotten away with it.

 

[PencilHead]

I didn't mean to imply he was Native American. My point was that if they allow it for 1 religion, who are the courts to decide that his religion shouldn't be given the same rights?

No, man, I didn't think you were implying he was an NA--I was just flaming on the Seminoles for getting special treatment.

Oh, I forgot about selling untaxed cigarettes in the name of their religion.

Excuse me, I've gotta run over to Tampa for prayer meeting at Hard Rock.

 

[Budders Keeper]

"It does not appear to this court that the defendant is practicing a religion so much as his own beliefs," she said.

LOL, what the heck is the difference? I say ZERO!

 

[the chef]

Maybe he should have grown a church:laugh: