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Bridgeburner
Not spiritual at all.




Registered: 09/16/06
Posts: 20,010
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Hawaii high court snuffs out man's religious arguments for pot use
#7474268 - 10/01/07 02:31 PM (16 years, 3 months ago) |
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http://www.firstamendmentcenter.org/news.aspx?id=19124
HONOLULU — The Hawaii Supreme Court has ruled against a Big Island man who claimed he had to smoke marijuana to practice his religion in what he called the Hawaii Cannabis Ministry.
The court decided in State of Hawaii v. Sunderland that Joseph Sunderland's freedom of religion didn't give him the right to smoke marijuana, but it didn't rule on whether Hawaii's strong privacy protections would have shielded him.
"The law prohibiting possession of marijuana ... applies to everyone," similar to traffic laws, said prosecuting attorney Janet Garcia. "Otherwise, you could have someone who says, 'My religious belief is that I shouldn't have to stop at a stop sign.'"
One justice, however, argued in a dissenting opinion that privacy rights guaranteed by the Hawaii Constitution should allow people to smoke marijuana in their homes.
Justice Steven Levinson wrote in a dissent to the court's split Sept. 21 decision that the framers of Hawaii's constitution intended to limit criminal punishment to cases where people are harmed.
"The issue is whether ... a fundamental right to privacy ... constrains the state from criminalizing mere possession of marijuana for personal use. My thesis is that it does," Levinson wrote in his dissent.
The case started when a Big Island police officer spotted a six-inch pipe on Sunderland's kitchen table in 2003 while the officer was looking for a missing child.
Sunderland told the officer the pipe was his, and he had a right to use it to exercise his religious beliefs. In fact, he said he had smoked marijuana from the pipe that morning.
He showed the officer a card indicating his membership in a religious organization called the "Cannabis Ministry," and he told the officer he had been practicing his religion since he was 16 years old.
Sunderland was charged with promoting a detrimental drug in the third degree for possession of the pipe and the marijuana residue inside.
"I believe that God put the holy herb onto this earth to help mankind to better understand him," Sunderland testified at trial.
He was found guilty and ordered to pay $175 in fines and fees.
His attorney, public defender Deborah Kim, said she would ask the Hawaii Supreme Court to reconsider the privacy issue.
"The court has ducked the question of whether the right to privacy prevents the police from enforcing marijuana laws when someone is using marijuana in their home for religious purposes," Kim said. "The question is still very much open."
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Quake3
Total Carbohydrate




Registered: 08/31/06
Posts: 924
Loc: Relatively New York
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Re: Hawaii high court snuffs out man's religious arguments for pot use [Re: Bridgeburner]
#7474390 - 10/01/07 03:04 PM (16 years, 3 months ago) |
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Quote:
"The law prohibiting possession of marijuana ... applies to everyone," similar to traffic laws, said prosecuting attorney Janet Garcia. "Otherwise, you could have someone who says, 'My religious belief is that I shouldn't have to stop at a stop sign.'"
You wouldn't have to stop at a stop sign if the stop sign is in your house, would you? Not stopping at a stop sign endangers other people. I don't see how this applies to smoking Cannabis in private. I understand that some people believe being high in public might be a problem, but I don't see how they can justify not letting him light up in his home.
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SunshineDaydream
Journeyman



Registered: 06/03/06
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Loc: OK
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Re: Hawaii high court snuffs out man's religious arguments for pot use [Re: Quake3]
#7474516 - 10/01/07 03:48 PM (16 years, 3 months ago) |
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Quote:
Quake3 said:
Quote:
"The law prohibiting possession of marijuana ... applies to everyone," similar to traffic laws, said prosecuting attorney Janet Garcia. "Otherwise, you could have someone who says, 'My religious belief is that I shouldn't have to stop at a stop sign.'"
You wouldn't have to stop at a stop sign if the stop sign is in your house, would you? Not stopping at a stop sign endangers other people. I don't see how this applies to smoking Cannabis in private. I understand that some people believe being high in public might be a problem, but I don't see how they can justify not letting him light up in his home.
my thoughts, exactly.
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Seuss
Error: divide byzero



Registered: 04/27/01
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Re: Hawaii high court snuffs out man's religious arguments for pot use [Re: SunshineDaydream]
#7474791 - 10/01/07 05:37 PM (16 years, 3 months ago) |
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> I understand that some people believe being high in public might be a problem
Even then, why not worry about it on an individual basis should it become a problem. There are already laws against public intoxication, so this is really a non-issue.
-------------------- Just another spore in the wind.
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a_guy_named_ai
Stranger

Registered: 09/24/07
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Re: Hawaii high court snuffs out man's religious arguments for pot use [Re: Seuss]
#7475966 - 10/01/07 11:38 PM (16 years, 3 months ago) |
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I wonder what they would think of my religious reasoning to use cannabis. (from my sig. from another forum):
Quote:
"29Then God said, ".. I have given you every plant yielding seed ..., and every tree which has fruit yielding seed; ....30and to every beast of the earth ..,I have given every green plant for food";... "
It's a plant It grows in the ground It's green it has seed
When man's law and God's law contradict, Gods law prevails. Man is judging God's law. Thank God for cannabis.
How do you think it would turn out in the high court? Maybe I should start a thread about this?
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ShroomieGirl
What are these god damn animals



Registered: 05/29/07
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Re: Hawaii high court snuffs out man's religious arguments for pot use [Re: Quake3]
#7475977 - 10/01/07 11:41 PM (16 years, 3 months ago) |
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Quote:
Quake3 said: You wouldn't have to stop at a stop sign if the stop sign is in your house, would you? Not stopping at a stop sign endangers other people. I don't see how this applies to smoking Cannabis in private. I understand that some people believe being high in public might be a problem, but I don't see how they can justify not letting him light up in his home.
People just dont undertand about pot... they all think its some awful drug that turns you into a disease upon society, or something to be feared... I think everyone should try it once, and we all might get along much much better
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I'm ok, really.
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JT



Registered: 02/28/07
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Loc: athens
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Re: Hawaii high court snuffs out man's religious arguments for pot use [Re: ShroomieGirl]
#7489569 - 10/05/07 07:04 PM (16 years, 3 months ago) |
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Here's his defense:
The Volstead Act During Prohibition, wine was treated a little differently than other types of alcohol, it was as if a bottle of Cabernet slipped the government a twenty and winked in a way that meant, “shh…keep a cork on it.” This was due to the Volstead Act. Passed in the year before Prohibition began, it gave federal agents the ability to investigate and prosecute anyone caught in violation of Prohibition’s liquor laws. However, wines used for sacramental purposes were exempt under this act, allowing wine to slip through the cracks where beer was too thick to seep.
Because of this act, limited amounts of wine were able to be made both at home and in wineries. Yet, those made in wineries were only available for purchase through warehouses owned and monitored by the government. Wine was also only allowed to be purchased for use in religious ceremonies, particularly mass. However, these rules didn’t keep wine drinkers from only using wine for legal purposes: a conceptual “wine opener”, the Volstead Act provided a window of opportunity; one drinkers were quick to go through.
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Pandora
Mistress



Registered: 07/09/07
Posts: 117
Loc: Hawai'i
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Re: Hawaii high court snuffs out man's religious arguments for pot use [Re: JT]
#7491650 - 10/06/07 02:41 PM (16 years, 3 months ago) |
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They arrest this man for doing something in his own home, yet I know of several places where Ice is smoked in public... Hawaii is so corrupt - Beautiful, but I guarantee he doesn't have anyone in his family associated with the police. I know I'm on a soap box, but I thought leaving Cali would add freedom - not take it away. My tirade is over.
-------------------- "There are worse crimes than burning books. One of them is not reading them" - Joseph Brodsky
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fishbutt
mindexpander



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Re: Hawaii high court snuffs out man's religious arguments for pot use [Re: Pandora]
#11129714 - 09/26/09 02:36 AM (14 years, 4 months ago) |
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Quote:
Pandora said: They arrest this man for doing something in his own home, yet I know of several places where Ice is smoked in public... Hawaii is so corrupt - Beautiful, but I guarantee he doesn't have anyone in his family associated with the police. I know I'm on a soap box, but I thought leaving Cali would add freedom - not take it away. My tirade is over.
Daaaaaaamn I guess Roger Christie and the Ministry in Hilo isn't as fool-proof as I thought... 
Ive hung out with Roger a handful of times and he always advocated a medical card and membership in conjunction with the religious card. I have a religious card but not a medial one... ive never had the balls to test it, but I agree with Pandora... There are sooooooooooooooooooooo many iceheads on my island Oahu. The police practically ignore them and their smoking ice (meth) until someone gets hurt or a toddler get thrown off an overpass into oncoming freeway traffic like last year... its just bullshit.
I don't get harassed by cops that much, but damn its just a total double standard and if the police and feds would have not fucked with the Hawaiians pot grows..... thanks alot green harvest, now everyone is addicted to METH! Its cheaper, easier to make, and can be made faster than pot can grow and mature... It just sucks if you know the true story here and how it all came about. Most poor islanders used to grow and sell pot to tourists to support their easy going lives. But once that was taken from them they turned to other more destructive substances which now have caused horrible consequences in the social culture here. I love Hawaii but its scary that I think its ok and think its normal to encounter on a daily basis many homeless crazy people, most likely meth addicts, twitching, stealing, and constantly talking to people who in my world don't exist....
Yeah... sucks Wish that shit would go away this place would be soooooo much better... but even paradise can have its bad points.
-------------------- Me, Take Shrooms??? You must be Trippin!!!
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MisterMuscaria



Registered: 05/13/08
Posts: 27,646
Loc:
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Re: Hawaii high court snuffs out man's religious arguments for pot use [Re: fishbutt]
#11129721 - 09/26/09 02:39 AM (14 years, 4 months ago) |
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As a card carrying member of the THC Ministry I must say this is an outrage.
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