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Free Exercise Challenge To Marijuana Control Rejected

By Howard M. Friedman

In Gover v. United States, 2009 U.S. Dist. LEXIS 22331 (WD AK, March 19, 2009), a pro se plaintiff sued then-President, George W. Bush, as well as the United States, making broad allegations of unjust policies and directives. In particular plaintiff sought to have marijuana removed from coverage under the Controlled Substances Act. The court found plaintiff lacks standing to assert most of his claims. The only claim of particularized injury was a freedom of religion assertion. Here, however, plaintiff failed to allege a substantial burden on his religious exercise. Plaintiff's complaint asserted merely that he is prevented from experiencing the "inadvertent" spiritual side effects of medicinal use of marijuana.

Full post as published by Religion Clause on March 22, 2009 (boomark / email).