Finshaggy
Well-Known Member
I just wanted to share a few court cases that people might not know about
The People of the Stat e of Colorado v . Mana Pardeahtan , Criminal Action n° 9454, Denver County Court , June 27, 1967
This is a case in Colorado where someone was arrested for possession of Peyote, but once he was able to prove it was for religious use he was let go.
Another case happened in Arizona, when a Police Officer noticed that someone he pulled over had the Church of Peyote listed as his address, he asked "Do you have any Peyote?" and the Church member pulled out a small peyote button and ate it. He was arrested and released on the same day.
Then there is The People Vs Woody where a man was arrested in Texas for Peyote use, but then was released because Texas state law can not prohibit Religious Peyote use, just like they can not stop Christians from eating bread and drinking wine.
I have been studying law (specifics in the link) in the context of Religion and I thought I would explain why.
http://finshaggy.blogspot.com/2015/02/the-polytheistic-temple-legal-department.html
When I was 14 I started Practicing Shamanism and Marijuana was the first Entheogen I came in to contact with. I got arrested at 14 for Possession and after that I decided I was going to become a Minister so that I could defend myself, because when I told my Public Defender (Lawyer the court gives you) that Marijuana was part of my religion, he said "Oh, well, you should try to contact the ACLU". So basically my lawyer told me to try to get a lawyer. I was 14.
So then after I got out of jail, and my parents sent me away for 8 months in a lock down facility. I got back and I starting practicing Mexican Traditional Shamanism. I got a quarter pound of non-extract regular plant material Salvia Divinorum and I started smoking joints of it to feel the presence of Ska Pastora. I began studying Ayahuasca at this time and a friend of mine bought Calea so I got to try that, and that was my first experience with a Dream herb. There was also a plant that we thought was Salvia Divinorum, but later I learned that it was Coleus Blumei and we found it growing in front of a retirement home. So during that time I tried a lot of Mexican Traditional Shamanistic Herbs, and someone's dad told me I should read Carlos Casteneda's books. So I read the book about Don Juan and Peyote and I started getting deeper in to Shamanism.
I became Atheist for a short while, but then once I got off probation I started smoking Marijuana and I found the Rig Veda and Shiva, and I realized Shiva was my God. At this time I was either 15 or 16, and around the same time I discovered the Universal Life Church. I started doing research on Religions so that I could be a Minister, then when I was 17 I signed up with the Universal Life Church to be a legal Registered Minister.
Then, when I was 18 the Police heard that there was Marijuana at our house, so they came with No Warrant into our backyard, then came into the house without a warrant and without being invited in or let in. Then they arrested me for a gram of Marijuana my sister had left in the yard.
Again I got a Public defender because I couldn't afford a lawyer.
So I got a Misdemeanor for Possession because I was guilty of Possession, but it was on my own property. But then I left the State to come to Colorado, so they reopened my case and I am pretty sure it is open in Texas right now. I can't get arrested here because it is not a Felony, but I have been studying law and I can legalize Marijuana in Texas with my case. I will be going back after I have fully studied as many Legal Maxims as I can, and when I have a Notary and Lawyer who will file Motions on my behalf instead of pretending I belong in jail like a Public Defender.
American Laws Protect A Few Different Things:
Smoking Marijuana in Public For Shiva Festivals
Religious Public Speech is protected by these rulings, which were both MEANT to defend the most extreme of groups, since they both ruled this way in defense of the Ku Klux Klan.
http://en.wikipedia.org/wiki/R._A._V._v._City_of_St._Paul
http://en.wikipedia.org/wiki/Capitol_Square_Review_and_Advisory_Board_v._Pinette
NO law shall be made to promote or hinder a religion.
http://en.wikipedia.org/wiki/Free_Exercise_Clause
Laws may not be passed that decide how religious doctrine should work
http://en.wikipedia.org/wiki/Presbyterian_Church_v._Hull_Church
No one has to prove anything about their religion in court unless they want to
http://en.wikipedia.org/wiki/United_States_v._Ballard
You do not have to define a supreme being. They specifically note that Texas law does not define a supreme being.
http://atheism.about.com/library/decisions/religion/bl_l_ESARylander.htm
This ruling says that individuals do not have religious exemption in the context of a job
http://en.wikipedia.org/wiki/Employment_Division_v._Smith
But religious companies can reject laws they do not agree with according to the Hobby Lobby Ruling.
http://en.wikipedia.org/wiki/Burwell_v._Hobby_Lobby
Also, Ayahuasca has been ruled legal for religious use by the supreme court, and it is protected by the Religious Freedom Restoration Act.
http://en.wikipedia.org/wiki/Gonzales_v._O_Centro_Espirita_Beneficente_Uniao_do_Vegetal
The Hobby Lobby Case Is Not Just For Christians
Burwell v. Hobby Lobby, 573 U.S. ___ (2014), is a landmark decision[1][2] by the United States Supreme Court allowing closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest.
I don't agree with companies not paying for birth control, but I want to point out some stuff that the case opened up (this is not meant as legal advice, unless you are in the Tree of Life School Ministry)
Let's break this down. any closely held (so let's say non franchise even though Hobby Lobby is a franchise) corporation is exempt from a law its owners religiously object to, if there is a less restrictive mean of furthering the laws interest. Meaning that as long as the law can still be upheld in regular society (the people buy things themselves) then it is fine.
So as long as the laws interest can be upheld in a "less restrictive way", then the law does not have to be followed within the corporation. So in the example of the Hobby Lobby case they don't pay for the birth control, 100% rejecting the laws on the books and people were forced to go buy there own because this is the "less restrictive way".
So in the case of something like Marijuana and a Shaivite (worshiper of Shiva), you could ignore the law of Marijuana growing and Possession in your Shiva altar space, but outside of the building people would not be allowed to grow or possess. It would be an American Temple. Business in the front, Religion in the back.
A federal Judge Told These People Their THC Ministry Counts, and it was not created before 1975, so it does not even fall under the RFRA like mine and some other people's do:
http://www.thc-ministry.org/
http://www.4029tv.com/news/religious-defense-ok-in-marijuana-ministry-case-in-hawaii/21463680
And here is a case that shows that State Laws can not restrict Religious Rights.
http://en.wikipedia.org/wiki/McDaniel_v._Paty
The People of the Stat e of Colorado v . Mana Pardeahtan , Criminal Action n° 9454, Denver County Court , June 27, 1967
This is a case in Colorado where someone was arrested for possession of Peyote, but once he was able to prove it was for religious use he was let go.
Another case happened in Arizona, when a Police Officer noticed that someone he pulled over had the Church of Peyote listed as his address, he asked "Do you have any Peyote?" and the Church member pulled out a small peyote button and ate it. He was arrested and released on the same day.
Then there is The People Vs Woody where a man was arrested in Texas for Peyote use, but then was released because Texas state law can not prohibit Religious Peyote use, just like they can not stop Christians from eating bread and drinking wine.
I have been studying law (specifics in the link) in the context of Religion and I thought I would explain why.
http://finshaggy.blogspot.com/2015/02/the-polytheistic-temple-legal-department.html
When I was 14 I started Practicing Shamanism and Marijuana was the first Entheogen I came in to contact with. I got arrested at 14 for Possession and after that I decided I was going to become a Minister so that I could defend myself, because when I told my Public Defender (Lawyer the court gives you) that Marijuana was part of my religion, he said "Oh, well, you should try to contact the ACLU". So basically my lawyer told me to try to get a lawyer. I was 14.
So then after I got out of jail, and my parents sent me away for 8 months in a lock down facility. I got back and I starting practicing Mexican Traditional Shamanism. I got a quarter pound of non-extract regular plant material Salvia Divinorum and I started smoking joints of it to feel the presence of Ska Pastora. I began studying Ayahuasca at this time and a friend of mine bought Calea so I got to try that, and that was my first experience with a Dream herb. There was also a plant that we thought was Salvia Divinorum, but later I learned that it was Coleus Blumei and we found it growing in front of a retirement home. So during that time I tried a lot of Mexican Traditional Shamanistic Herbs, and someone's dad told me I should read Carlos Casteneda's books. So I read the book about Don Juan and Peyote and I started getting deeper in to Shamanism.
I became Atheist for a short while, but then once I got off probation I started smoking Marijuana and I found the Rig Veda and Shiva, and I realized Shiva was my God. At this time I was either 15 or 16, and around the same time I discovered the Universal Life Church. I started doing research on Religions so that I could be a Minister, then when I was 17 I signed up with the Universal Life Church to be a legal Registered Minister.
Then, when I was 18 the Police heard that there was Marijuana at our house, so they came with No Warrant into our backyard, then came into the house without a warrant and without being invited in or let in. Then they arrested me for a gram of Marijuana my sister had left in the yard.
Again I got a Public defender because I couldn't afford a lawyer.
So I got a Misdemeanor for Possession because I was guilty of Possession, but it was on my own property. But then I left the State to come to Colorado, so they reopened my case and I am pretty sure it is open in Texas right now. I can't get arrested here because it is not a Felony, but I have been studying law and I can legalize Marijuana in Texas with my case. I will be going back after I have fully studied as many Legal Maxims as I can, and when I have a Notary and Lawyer who will file Motions on my behalf instead of pretending I belong in jail like a Public Defender.
American Laws Protect A Few Different Things:
Smoking Marijuana in Public For Shiva Festivals
Religious Public Speech is protected by these rulings, which were both MEANT to defend the most extreme of groups, since they both ruled this way in defense of the Ku Klux Klan.
http://en.wikipedia.org/wiki/R._A._V._v._City_of_St._Paul
http://en.wikipedia.org/wiki/Capitol_Square_Review_and_Advisory_Board_v._Pinette
NO law shall be made to promote or hinder a religion.
http://en.wikipedia.org/wiki/Free_Exercise_Clause
Laws may not be passed that decide how religious doctrine should work
http://en.wikipedia.org/wiki/Presbyterian_Church_v._Hull_Church
No one has to prove anything about their religion in court unless they want to
http://en.wikipedia.org/wiki/United_States_v._Ballard
You do not have to define a supreme being. They specifically note that Texas law does not define a supreme being.
http://atheism.about.com/library/decisions/religion/bl_l_ESARylander.htm
This ruling says that individuals do not have religious exemption in the context of a job
http://en.wikipedia.org/wiki/Employment_Division_v._Smith
But religious companies can reject laws they do not agree with according to the Hobby Lobby Ruling.
http://en.wikipedia.org/wiki/Burwell_v._Hobby_Lobby
Also, Ayahuasca has been ruled legal for religious use by the supreme court, and it is protected by the Religious Freedom Restoration Act.
http://en.wikipedia.org/wiki/Gonzales_v._O_Centro_Espirita_Beneficente_Uniao_do_Vegetal
The Hobby Lobby Case Is Not Just For Christians
Burwell v. Hobby Lobby, 573 U.S. ___ (2014), is a landmark decision[1][2] by the United States Supreme Court allowing closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest.
I don't agree with companies not paying for birth control, but I want to point out some stuff that the case opened up (this is not meant as legal advice, unless you are in the Tree of Life School Ministry)
Let's break this down. any closely held (so let's say non franchise even though Hobby Lobby is a franchise) corporation is exempt from a law its owners religiously object to, if there is a less restrictive mean of furthering the laws interest. Meaning that as long as the law can still be upheld in regular society (the people buy things themselves) then it is fine.
So as long as the laws interest can be upheld in a "less restrictive way", then the law does not have to be followed within the corporation. So in the example of the Hobby Lobby case they don't pay for the birth control, 100% rejecting the laws on the books and people were forced to go buy there own because this is the "less restrictive way".
So in the case of something like Marijuana and a Shaivite (worshiper of Shiva), you could ignore the law of Marijuana growing and Possession in your Shiva altar space, but outside of the building people would not be allowed to grow or possess. It would be an American Temple. Business in the front, Religion in the back.
A federal Judge Told These People Their THC Ministry Counts, and it was not created before 1975, so it does not even fall under the RFRA like mine and some other people's do:
http://www.thc-ministry.org/
http://www.4029tv.com/news/religious-defense-ok-in-marijuana-ministry-case-in-hawaii/21463680
And here is a case that shows that State Laws can not restrict Religious Rights.
http://en.wikipedia.org/wiki/McDaniel_v._Paty
