ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Sunday, February 4, 1996 TAG: 9602060023
SECTION: NATIONAL/INTERNATIONAL PAGE: A-3 EDITION: METRO
DATELINE: SAN FRANCISCO
SOURCE: Associated Press
Rastafarians can use their religious belief that marijuana use is a sacrament as a defense against drug possession charges, a federal appeals court ruled Friday.
The 9th U.S. Circuit Court of Appeals overturned the marijuana possession convictions of three Montana residents, saying the trial judge improperly barred evidence of their religious views.
The ruling on these misdemeanor charges won't reduce their sentences, since it doesn't affect their convictions for conspiring to import and distribute thousands of pounds of marijuana from Mexico.
However, the ruling was significant because attorneys said it may have been the first overturning of a drug conviction based on the 1993 Religious Freedom Restoration Act.
``This is a legitimate religious issue for Rastafarians,'' said Kevin Zeese, a lawyer with the Washington, D.C.-based group Common Sense for Drug Policy. ``They can't reach an appropriate religious state without ganja. It's like taking the wine out of the Catholic church.''
Rastafarianism, which originated in Jamaica, considers marijuana use to be a religious sacrament that brings believers closer to divinity and enhances their spiritual unity, the appeals court said.
LENGTH: Short : 34 linesby CNB