Thou Shall Not Use Religion in Defense
A medicinal marijuana farmer in Lake County, California was sentenced to 10 years in federal prison on Monday, May 18th. Charles “Eddy” Lepp, who is 56 years old, was arrested in 2004 with 32,000 marijuana plants growing on his property.
Lepp was operating within the parameters of California State Law (not Federal Law), and is a practicing member of the Rastafarian Church, using marijuana in accordance with his religious beliefs. The U.S. District Judge presiding over the trial, Justice Marilyn Hall Patel, rejected Lepp's argument for religious freedom.
[Justice Patel] didn't think the defendant had been candid with the court because he didn't display a depth of knowledge about Rastafarianism.
"I was in the Rastafarian church since 1998," Lepp said.
"I'm talking now," Patel answered.
(Law.com)
We take strong objection to the dismissal of Lepp's religious defense. There is no clause in the First Amendment that gives the government the authority revoke Lepp's religious freedom simply because of doubt in authenticity of his religious beliefs. It is not possible for the government to read the mind of a defendant in order ascertain their religious sincerity. So long as an individual’s religious practices are inflicting no harm, where is the crime?
Patel gave Lepp until July 6 to report to prison and said she would reconsider the sentence if Congress changed the law, which requires a 10-year term for growing at least 1,000 marijuana plants.
(SFC)
Admitting that the punishment for Lepp’s crime is “excessive,” Justice Patel explained that she is bound by Federal sentencing guidelines.
-Law.com
-San Francisco Chronicle
posted by James at
1:25 PM
20 Comments:
Decriminalizing marijuana is the sane and humane choice--removing the black market, raising tax revenues, ceasing to destroy lives are just some of the benefits. Also, I agree it is presumptuous for the judge to negate the religious freedoms of another--unconstitutional, even. Just my two cents--namaste.
THE CANNABIS RELIGION REVOLUTION IS HERE!
YES WE CANnabis!
No "Trey", LEGALIZING marijuana is the ONLY sane choice. Decriminalizing would just cause more fines, and more "non-dealers" to be charged with "Intent to distribute", when the cops need to "pin ya for suttin'".
I say make it no crime at all. Tax it and let people alone. Let me make up my own mind about what I want out of My Life. Like My Church, and my choice's. Stop causing the killing. Legalize now to stop the criminals. It might be pretty cool to have citizens of the USA in charge of their own lives.
Well I suppose the judge was within her right to disregard the religious defense.... However, alcohol is also a drug and I think in the judge needs to take action by removing wine from catholic/christian ceremonies/celebrations too.... in order to be fair and impartial to all religions.
Awww. And I was so close to joining this church, too. You can't be all religions, and object to the body/temple stuff. Honestly, it would have been best to not even state an opinion on this, on the part of ULC. There's several branches of several religions who advocate murder. Would you support that, too? "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." I see congress...but that's legislation, not judicial. Maybe it was right, maybe it was wrong. Either way, this makes the ULC out to be the typical non-conformist religion, instead of a fusion of all of them. If I wanted that, I'd pay 100 bucks to LaVeyan Satanism
"There's several branches of several religions who advocate murder. Would you support that, too?"
We support the free exercise of religion, under the pretense that it harms none. The ULC would like to see an end of unconstitutional religious influence or bias within government. If you consider our attitude of open ended tolerance toward an individual's religions practices to be exclusively "non-conformist," the ULC might not be the right church for you, but you are welcome.
There are many religions that explicitly condemn the use of alcohol or other mood altering substances - they are equally welcomed and represented within the membership of the ULC.
As it harms none, do as thou wilt
Well said everyone. Well said. The more laws there are, the more obvious it becomes that NO one can legislate morality. Not even America. Be free and harm no one!
Religious freedom is a necessity in these times of destruction, however the number of people claiming to be Rastafarian to enable them to smoke marijuana is very high and if this man could not show knowledge of his claimed religion the judge had no alternative to her course of action. If he is a true beleiver then i am sure his god will watch over him, myself i do not believe in any of the conventional beliefs but i do believe the gods are vengfull. If this man claims to be that which he is not then maybe jail is the payback from above.
You do mean pretext instead of 'pretense," do you not?
As a ULC minister since '80, I say butt out of this one. Until the laws are changed we have to live with them.
Change those who are in charge, all of them, by voting them OUT. Elect those who will look after the USA. As for the "people,"
start taking resposibilty for your life and DON"T look to the government for help. The Government is only supposed to look out for our protetion and levy tariffs. Look what you have now. Bloat and "career" politicians.
Having seen the medical benefits of cannabis in a very personal way, I too am a proponent of the legalization of marijuana and it's by-products. But the simple fact is...it's illegal. Anyone that disregards the law takes on the risk of prosecution. Right or wrong...law-breaking behavior shows a lack of respect for the governing of our country. I'm not saying one should simply submit to poor government...but thumbing one's nose to authority is begging for a slap of the hand. So...by all means continue to live on the edge...but don't cry from the other side of the razor wire.
There is no need for agument since both sides is right and wrong. It is wrong that she tried to used her religon as a get-out-of-jail-free-card. But marijuana (as long as driving isn't involed) is harmles. Not only harmless it increas good health. An aqantence's mother was dieing of cancer but the marijuana pills increased her lifespan.
Sadly, the Government(s) needs to keep marijuana illegal, as a tested method to detain, arrest and imprison any person. As long as there are prisons to fill then you can believe there will be laws to oppress. Furthermore, why the FED is enforcing its own laws and not respecting the state laws and the wishes of the people is just another instance of who we are as a society. We are not a totally free people. Well I think I will go smoke a cigarette and have a drink. Hey it's allowed.
And God said,Behold,I have given you every herb bearing seed,which is upon the face of the all the earth,and every tree,in the which is the fruit of a tree yielding seed;to you it shall be for meat.
God forbids murder for it is the work of Lucifer.Thou shalt not commit murder.
If I were you I would remain anonymous as well.Really...
It isn't like the government isn't into things that are morally questionable,they control the sale of alcohol,and they must know that not every one has a good time when they use it.90% of the people incarcerated in this country were under the influence of alcohol when they did whatever got them imprisoned.It comes to me that Cain may have been under the influence,when he bashed his brothers head in. Me thinks he was drunk.
Imagine The Emma Maersk the largest container ship on earth...OK? She can carry 11,000 containers each weighing 40,000 pounds... of natures best marijuana from Siam now known as Thailand.that is $787,820,000,000.00 per trip.I bet they would trade for food!
It wouldn't take long to be in the black and that's the thing our government fears the most,Americans with money in there pocket.Think about that there Anonymous.Severstem
To clarify,My comment was aimed at anonymous 22 May 2009 2:00 AM
Severstem
This is my first venture to this site and I greatly appreciate the intelligent and respectful exchange of views I see. On this topic, though I side with the view that we have the right to freely practice our religious beliefs and support the decriminalization of marijuana, I must agree that we have to abide by the laws we currently have in place. Ours is not a prefect society, nor are we as human beings, but we have the ability to learn and change, both our laws and ourselves, for the better. The peaceful exchange of views and ideas I'm seeing here are the key. I salute you all.
The Hawaii Canabis Ministry is the way of the future the main branch is located in Hilo on the Big Island. But one needs to truely be practicing this religion in order to have a credable defense. thcministry.org. Roger Christie is the man. I thought it was a joke but this is upheald in Hawaii. I even got ordained as a minister myself. which allows me to grow 24 plants. not 27,000 but it's a start. Push for decriminalization. then legalization, then recreational use.
The legistlations of Man carry no recourse to the divine. Disregard for the biased nature of the oppressor, in this case the Government stance on limitation of Religious freedom when the expression of such is within the context of "cause no harm", falls within the rights of the Governed to rise against.
Disobeying an illegal imposition of Man on the creations of the Divine and the freedoms of Men to use the gifts of God as he chooses is an act of sanity, not otherwise.
The use and expression of a substance of known Religious and medicinal value is virtually a Constitutional guarantee, yet still we argue with the less informed over the use of one of God's creations in an environment without the intention of harm.
Simple solution: Free your mind, and your thoughts will follow.
well, i have nothing against this man's use of the Merijuana plant, but realy... i'm not about to consider this ruling so unfair. besides, there IS quite alot of negetive effect from th euse of Merijuana anyway, and it IS illegal. my question here is, did the useof the plants that he owned extend beyond California, to states where the law wasn't as leniant?
I think this man should be pardoned. If Congress changes the law, and it does not not state the old law still applies to those who were convicted prior to the change, I believe that those convicted would automatically benefit from the change.
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