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Religions and marijuana

Discussion in 'Apprentice Marijuana Consumption' started by WisdomInTheTree, Sep 12, 2011.

  1. #1 WisdomInTheTree, Sep 12, 2011
    How does the law view "religious marijuana" usage? Aren't some
    Indians in Newexico allowed to smoke peyote or something? Why can't a persons personal religious experience use weed? Does the law recognize "personal religious" beliefs or do you have to be declared to a faith or w/e?

    Thanks I'm hIgh as fuck so if this makes no sense, I apologize!!!!
     
  2. #2 Canada x 420, Sep 12, 2011
    Cannabis as a substance is illegal in most areas, regardless if you claim your usage to be "religious", your still breaking the law.
     
  3. #3 hfgdhsja, Sep 12, 2011
    [quote name='"Canada x 420"']Cannabis as a substance is illegal in most areas, regardless if you claim your usage to be "religious", your still breaking the law.[/quote]

    Agreed
     
  4. #4 bobby82, Sep 12, 2011
    Yea, but why isn't peyote illegal? And if it is, why are some native americans, or what have you, allowed to use it?
     
  5. #5 Canada x 420, Sep 12, 2011
    Legality of peyote (i stole this from wiki)
    United States

    Where there is exclusive federal jurisdiction or state law is not racially limited, peyote use by Native American Church members is legal and racially neutral in the United States.[25] This exemption from federal criminalization is as old as creation of federal law creating peyote related offenses.
    Code Of Federal Regulations, SPECIAL EXEMPT PERSONS
    Section 1307.31 Native American Church. The listing of peyote as a controlled substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the Native American Church, and members of the Native American Church so using peyote are exempt from registration. Any person who manufactures peyote for or distributes peyote to the Native American Church, however, is required to obtain registration annually and to comply with all other requirements of law.
    ​
    U.S. v. BOYLL, 774 F.Supp. 1333 (D.N.M. 1991)[26] addresses this racial issue specifically and concludes:
    For the reasons set out in this Memorandum Opinion and Order, the Court holds that, pursuant to 21 C.F.R. § 1307.31 (1990), the classification of peyote as a Schedule I controlled substance, see 21 U.S.C. § 812(c), Schedule I(c)(12), does not apply to the importation, possession or use of peyote for bona fide ceremonial use by members of the Native American Church, regardless of race.
    ​
    United States federal law (and many state laws) protects the harvest, possession, consumption and cultivation of peyote as part of "bonafide religious ceremonies" (the federal statute is 42 USC §1996a, "Traditional Indian religious use of the peyote sacrament," exempting only use by Native American persons, while some state laws exempt any general "bonafide religious activity"). American jurisdictions enacted these specific statutory exemptions in reaction to the U.S. Supreme Court's decision in Employment Division v. Smith, 494 U.S. 872 (1990), which held that laws prohibiting the use of peyote that do not specifically exempt religious use nevertheless do not violate the Free Exercise Clause of the First Amendment. Peyote is listed by the United States DEA as a Schedule I controlled substance.

    Although many American jurisdictions specifically allow religious use of peyote, religious or therapeutic use not under the aegis of the Native American Church has often been targeted by local law enforcement agencies, and non-Natives attempting to establish spiritual centers based on the consumption of peyote as a sacrament or as medicine, such as the Peyote Foundation in Arizona, have been prosecuted. Native Americans are allowed to answer "no" on armed forces application question "Have you ever used illegal drugs?" with respect to peyote.
    Canada

    Mescaline is listed as a Schedule III controlled substance under the Canadian Controlled Drugs and Substances Act, but peyote is specifically exempt. [1]
    International

    Article 32 of the Convention on Psychotropic Substances allows nations to exempt certain traditional uses of peyote from prohibition:
    A State on whose territory there are plants growing wild which contain psychotropic substances from among those in Schedule I and which are traditionally used by certain small, clearly determined groups in magical or religious rites, may, at the time of signature, ratification or accession, make reservations concerning these plants, in respect of the provisions of article 7, except for the provisions relating to international trade.However, this exemption would apply only if the peyote cactus were ever explicitly added to the Schedules of the Psychotropic Convention. Currently the Convention applies only to chemicals. Peyote and other psychedelic plants are neither listed nor regulated by the Convention. See Convention on Psychotropic Substances#Psychedelic plants and fungi.
     
  6. #6 gtx1, Sep 12, 2011
    Religious freedoms are granted only if they do not break present and existing law. I'm guessing the Native American tribes that are allowed to smoke "peyote" were given that right before it became a federal law not to.

    Someone already tried to do what you're thinking, make a church that smokes weed. His name was "Brotha Love".

    Erowid Cannabis Vault : Spiritual Use #3

    He's in jail. Currently.
     

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