The "THC Ministry: The Hawaii Cannabis Ministry" provides members with ID cards to show police and religious "tags" to put on your stash, plants etc. They claim, "cultivation and enjoyment of Cannabis sacrament is a fundamental human right provided by God and protected by the first Amendment of the U.S. Constitution."

While I agree with them, sadly most court systems in the U.S do not. And in the end, it is the opinion of the Court that matters

I am a law student in North Carolina, so I did some research before joining the organization and depending on the ID cards for legal protection. I have found that the "religious kit" would offer me no legal protections in North Carolina under a recent decision by the North Carolina Supreme Court and confirmed by by U.S. Supreme Court rulings.

One case the ministry relies on is Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal. In this case a Federal Court allowed a group of Native American types to use a special tea, one ingredient of which is an illegal drug. The Federal Court relied on the RFRA (Religious Freedoms Restoration Act), which congress had recently passed. Many drug rights activites saw this as the beginning of true religious freedom in American, but that has not turned out to be the case.

I looked into some of the cases that have followed Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal. In particular, in City of Boerne v. Flores 521 U.S. 507, 117 S.Ct. 2157 (1997), the Supreme Court says that States do not have to follow the RFRA (Religious Freedoms Restoration Act) which Federal Courts have used to allow illegal drug use for religious purposes. Essentially, States get to choose what "freedom of religion" means apart from Federal intrusion (generally) and they don't have to include illegal drug use in that definition. Remember, State courts often don't have to follow precedent of Federal Courts. While "freedom of religion" is a constitutional issue, so is "states rights". The Sup. Court essentially said states rights are more important the religious illegal drug use. My research has shown that some states have been more friendly then others to the RFRA, but most haven't been friendly at all.

North Carolina, my State, has not been friendly. I found a North Carolina specific case that answered my questions about the protections your kit (or my own proof of my cannabis sacramental religion) would offer me in North Carolina. In the North Carolina criminal case, State v. Carignan 178 N.C.App. 562, 631 S.E.2d 892 (Table) N.C.App.,2006. Jul 18, 2006, the state supreme court rejected the defendants defense for his possession of marijuana that he was a religious user. Defendant claimed at trial that for several months prior to his arrest, he had been involved with the "Hawaiian Cannabis Ministry," which, according to defendant, "regards the actual consumption of cannabis as prayer [and] a form of worship." Essentially, the NC supreme court decided that North Carolina was under no obligation to follow Federal precedent under the RFRA, and the NC constitution allowed the police to enforce all drug laws regardless of religion.

I just wanted to make you all aware of this information. As much as it saddens me, the decisions I've listed here mean (as far as i can tell) that the RFRA defense (or any religious defense) for cannabis use will not work in North Carolina Courts. I don't have time to look into every States precedent, and some states may not have approached the issue yet. But I just wanted to let everyone know what I have found out.

Thank you, and God Bless!
jsn9333 Reviewed by jsn9333 on . Religious Use Defense Fails, Even With "ID Card" The "THC Ministry: The Hawaii Cannabis Ministry" provides members with ID cards to show police and religious "tags" to put on your stash, plants etc. They claim, "cultivation and enjoyment of Cannabis sacrament is a fundamental human right provided by God and protected by the first Amendment of the U.S. Constitution." While I agree with them, sadly most court systems in the U.S do not. And in the end, it is the opinion of the Court that matters I am a law student in North Carolina, so Rating: 5