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US: Why Indiana court dismissed Church of Cannabis RFRA case to allow marijuana as a sacrament

Vic Ryckaert

Indianapolis Star

Thursday 03 Jan 2019

The First Church of Cannabis has lost its final appeal in a legal battle aimed at forcing the state to permit the use of marijuana as a religious sacrament.

The Indiana Court of Appeals dismissed the Church of Cannabis' case Dec. 28 after it failed to pay a court transcript fee and failed to present an argument as to why the appeal should not be dismissed.

“Laws against the possession, sale and use of marijuana are designed to protect the health, safety and well-being of Hoosiers statewide,” Attorney General Curtis Hill said Thursday in a statement.

In a case filed three years ago, the church argued that members' use of marijuana should be protected under Indiana's Religious Freedom Restoration Act.

The appellate court snuffed out the argument by dismissing the church's claims "with prejudice," a legal term that means the case is dead and can not be refiled under the same legal grounds.

“The devout worshipers of the First Church of Cannabis may find more fertile ground in another state to legally consume their favorite sacrament, but they won't be lighting up in Indiana,” Hill said. “Our courts have repeatedly upheld their validity."

The church is recognized by the Internal Revenue Service as a nonprofit corporation and holds services every Wednesday at its east-side house of worship, 3400 S. Rural St.

"We are a successful church doing beautiful things for a our community," said Church of Cannabis founder and "Grand Poobah" Bill Levin. "We will continue preaching the gospel of cannabis."

Levin said he had not spoken to his attorney about the case, but believed the problem was a "timing" issue.

While the ruling ensures that Indiana remains a buzzkill for cannabis users, 33 states have legalized medical marijuana and 10 states allow recreational use, including neighboring Michigan.

Levin said his church is working to educate those who are willfully ignorant of the benefits of marijuana.

"I feel sorry for the people who are not educated in this subject matter," Levin said. "We'll keep doing what we're doing, because we're doing God's work."

https://eu.indystar.com/story/news/2019/01/03/appeals-court-snuffs-first-church-cannabis-lawsuit/2471250002/

 

 

 

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