Jury selection was taken for an upcoming trial to determine whether smoking marijuana is a religious sacrament protected under the United States Religious Freedom Restoration Act of 1993. This case will be the first argued since the Ninth Circuit U.S. Court of Appeals ruled that Rastafarians can defend themselves against charges of marijuana possession on religious grounds.
The defendant in the case, the Rev. Dennis Shields, is a minister in the Religion of Jesus Church and claims that the use of marijuana is a sacrament in his church. He was charged with misdemeanor possession of a detrimental drug in 1994 after police found several ounces of marijuana at his home. Shields has been a long-time member of the church, which was founded nearly three decades ago.
The Religious Freedom Restoration Act of 1993 strengthened protections for religious groups and was intended to curb criminal prosecutions that interfere with religious beliefs. Congress passed the law after an Oregon court ruled that Native Americans had no right to use peyote during religious ceremonies. The act requires the government to show a compelling interest for any prosecution that significantly hinders the exercise of religious freedom.
For more information, please contact the Rev. Dennis Shields at (808) 328-9794 or Allen St. Pierre of NORML at (202) 483-5500.