Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

Religion & Law

: Religion Clause

New Approach Attempted In Challenge To Drug Laws By Religious Users

By Howard M. Friedman

In Olsen v. Holder, 2009 U.S. Dist. LEXIS 35300 (SD IA, April 27, 2009), a priest in the Ethiopian Zion Coptic Church-- which employs marijuana in its religious rituals-- attempted a new approach in challenging federal laws banning marijuana use. Instead of asserting free exercise claims, he sought a declaratory judgment and injunction against continuing marijuana as a Schedule I drug under federal law. (Background on Controlled Substances Act.) He alleged that marijuana is only appropriately listed on Schedule I if it has "no currently accepted medical use in the United States," and that now 12 states have enacted laws finding that it does have medical uses. The court, however, dismissed the case on jurisdictional grounds, holding that the appropriate route to raise the issue is to appeal to the appropriate Court of Appeals a refusal by the DEA to reschedule marijuana. An appeal by plaintiff of a refusal by the DEA is already proceeding on a parallel track. (See prior related posting.)

Full post as published by Religion Clause on May 03, 2009 (boomark / email).