Cannabis churches trying to establish a right to marijuana use

A group of “religious” pot smokers lost their bid to use Indiana’s Religious Freedom Restoration Act to justify the use of marijuana as their chosen sacrament.

The First Church of Cannabis filed suit against Indiana three years ago, claiming the state’s marijuana restrictions placed a substantial burden on its exercise of religion.

However, Marion County Judge Sheryl Lunch recently dismissed the suit, saying the state had reasonable grounds to not allow the church to circumvent the law.

Undermining Indiana’s ability to enforce marijuana laws would allow “anyone charged with violating those (to) simply invoke ‘religious’ exemption, triggering time-consuming—if not practically impossible—efforts to sort legitimate from illegitimate uses,” Lynch said.

The First Cannabis case is only one of many. Last November, the Association of Sacramental Churches sued the Los Angeles County Sheriff’s Office after officers raided the Church of Hundred Harmonies in La Puente. Efforts to secure approval of marijuana use for religious services are proceeding in other states.

Virginia law school professor Douglas Laycock said as states legalize the drug, courts may regard these churches more favorably.

“Legalizing recreational use but not religious use clearly discriminates against religion,” Laycock told the Pueblo (Colorado) Chieftain.