Marijuana is my religious sacrament. Marijuana is a Schedule I substance in Minnesota. My religion has been burdened.
The DEA is now accepting applications for religious exemptions from the CSA. It says that you have to have state matters taken care of separately though. I'm talking with the MN Board of Pharmacy currently to see if they have a similar way of accepting applications. Do you guys think that I should be speaking with a different agency? http://www.deadiversion.usdoj.gov/pubs/index.html Guidance Regarding Petitions for Religious Exemption from the Controlled Substances Act Pursuant to the Religious Freedom Restoration Act PDF<http://www.deadiversion.usdoj.gov/pubs/rfra_exempt012209.pdf> http://www.deadiversion.usdoj.gov/pubs/rfra_exempt012209.pdf Should I get equal rights as the Native American Church in their use of Peyote, which is a Schedule I drug as well? I emailed the Minnesota Board of Pharmacy. A copy is attached below. -kurt **** Dr. Wiberg, Since our State Constitution has been interpreted by the MN Supreme Court to afford Minnesotans with more religious freedom than the 1st Amendment of the US Constitution in MN v Hershberger II 462 N.W.2d 393 (1990), and because there shall not be any preference given by law to any religious establishment or mode of worship based upon Article 1 Sec 16 of the MN Constitution, it seems logical that people who sincerely use marijuana as their religious sacrament in bonafide religious service in Minnesota are not breaking the law. Can you confirm this for me? I read in State of MN v Pedersen 679 N.W.2d 368 (2004)... "We take this opportunity to note, however, that the state's sole reliance on the legislature's enactment of statutes prohibiting the possession of marijuana to defeat a claim under article I, section 16, is plainly inadequate under Hershberger. See 462 N.W.2d at 398. Although the state obviously has a compelling public safety interest in enforcing the controlled substance laws, the state failed to provide any evidence that its compelling interest in public safety could not be achieved by less restrictive means.[4]" So, in order for me to be denied equal protection as the Native American Church, the state would have to provide evidence that my religious use of marijuana is inconsistent with the peace or safety of the state. No one seemed to provide any evidence to show that it was in this particular case. Is the Minnesota Board of Pharmacy the one who would make such a claim? It is my understanding that it is. Once again, I don't mean to be a hassle to you at all. I'm just trying to figure out which agencies are the correct ones to bring such a claim to. I have no problem answering any questions said agency may have in regards to my religious beliefs in order for them to make the correct judgement. - Kurt Hanna Minnesota Constitution: Article 1 Sec. 16. * * *FREEDOM OF CONSCIENCE; NO PREFERENCE TO BE GIVEN TO ANY RELIGIOUS ESTABLISHMENT OR MODE OF WORSHIP.* The enumeration of rights in this constitution shall not deny or impair others retained by and inherent in the people. The right of every man to worship God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any religious or ecclesiastical ministry, against his consent; nor shall any control of or interference with the rights of conscience be permitted, or *any preference be given by law to any religious establishment or mode of worship; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the state*, nor shall any money be drawn from the treasury for the benefit of any religious societies or religious or theological seminaries. http://www.house.leg.state.mn.us/CCO/RULES/MNCON/Article1.htm
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