Pubdate: Mon, 21 Jan 2002
Source: West Hawaii Today (HI)
Copyright: 2002 West Hawaii Today
Contact:  http://westhawaiitoday.com/
Details: http://www.mapinc.org/media/644
Author: Rev. Dennis Shields
Link: http://www.TheReligionofJesusChurch.org
Referenced: http://www.mapinc.org/drugnews/v02/n023/a05.html

Viewpoint

FREEDOMS PRESCRIBED BY FOUNDERS ARE ABSOLUTE

The editorial Jan. 4 drew several false conclusions e.g. the 
religious use of cannabis is wrong but the traditional religious use 
of peyote is OK. Tradition is not in the First Amendment, nor is 
tradition the criteria of Hawaii case law. If tradition were a 
criteria for religious freedom, then many newer religions like 
Bahais, Mormons, Jehovah Witnesses and Scientologists would not meet 
this standard. The First Amendment was created to prevent this kind 
of  false standard from being applied to any religion.

Many members of the Religion of Jesus Church state their reason for 
joining our church is that the religious use of cannabis increases 
spiritual receptivity and enhances their creative imagination. These 
religious experiences are real and rightfully constitutionally 
protected. Rather than an end-run, we seek to secure constitutional 
protection for a God-given liberty.

Many of us would have remained agnostic or atheist, were it not for 
the religious experiences gained through the use of this miracle 
herb. We would not have obtained the personal relationship we now 
share with God and Jesus without it. One may disagree with our 
religious views and experiences, but the First Amendment guarantees 
no one can deny this inalienable right and mandated church practice.

Many of our members have faced religious persecution and arrest. Some 
have gone to jail for obeying the command of Jesus to "heal the sick 
in accordance with the will of my Father in Heaven." Since it is 
evident that cannabis heals, and that God created it, our right to 
use it for religious purposes including healing, has always been 
inalienable.

The determining criteria is set by Hawaii case law, which has a 
four-prong test to justify the burdening of religion: Is the 
religious belief sincerely held; is the religion in question 
legitimate; is the religious practice an essential element of the 
faith in question and does the state have a compelling state interest 
to burden the religion and is such by the least restrictive means

The debate as to the religious use of cannabis is settled. The state 
has stipulated to three of the four-pronged test found in State 
versus Blake. One issue remains: Can the state demonstrate a 
compelling interest such that the least restrictive means of 
burdening religion is total prohibition of cannabis use, even 
invading the home to prevent religious and medicinal faith healing or 
requisite cultivation.

Such a demonstration has never been made and is impossible given 
cannabis use in faith as a component of healing and the Legislature's 
endorsement of the medicinal cannabis use.

We agree with the editorial opinion that the cannabis laws are 
outdated and undeniable evidence exists for decriminalization. 
However it doesn't make sense to say editorially these laws don't 
work and should be changed and also deny the religious freedom to do 
so.

We believe this contradiction is caused by a prejudice directed at 
the antics of one outspoken, and often childish member of our church, 
currently on trial. We understand why the newspaper media on both 
sides of the island have even mocked our cause in reaction to this 
individual. For years many of us have expressed frustration directly 
to this individual. We are frustrated that such good works, as 
testifying and helping patients testify for medicinal use before the 
Legislature; giving medicine or plants to qualified patients with 
nowhere else to turn; giving council to those in need where to get 
scarce medical approval; and other acts of good will done in private 
and in quiet are overshadowed because of the revulsion created by 
this one individual.

We would agree, were the editorial opinion this individual is the 
worst case scenario to be on trial and religious freedom be dependent 
on such character, however, even the worst case example deserves 
religious freedom for that is the tide which raises all boats.

We agree with the point that if an opium church were to fulfill this 
test then such church would have religious rights.

We disagree this would be a bad thing, when the drug war only 
perpetuates the constant population of junkies burglarizing our homes 
and businesses, to satisfy a $500 dollar a day habit worth only five 
cents if more humanely regulated. Drug abuse is bad, but the drug war 
is worse. Hard drug addicts need humane medical care not judicial 
punishment adding salt to raw wounds.

The thought that everybody would be free to try it and would is a red 
herring, anyone can buy gasoline legally, sniff it get intoxicated 
until their brain hemorrhages, yet few do so.

We offer the opinion that such a church would be a welcome relief to 
this failed war on drugs; which is more harmful to society than is 
drug abuse; sanctuary is a historical even traditional role of the 
church against similar and once legal blasphemies like slavery.

Currently there is no claim of religious sanctuary for opium use 
being made, so this is another red herring, which implies falsely the 
harm from opium to the relatively harmless cannabis. It is both 
illogical and wrong to deny the religious use of a harmless herb 
because a different herb is considered harmful.

A far better target for editorial angst is the river of corruption 
polluting the police departments both here, and nationally; the 
headwaters of this malignancy is the cesspool known as the drug war. 
Law enforcement double dips even locally; after all if $50,000 is 
stolen directly from the Kona evidence room how much is stolen before 
it ever gets there? Why are so many eradication missions flown at 
peak harvest times when the most profitable contraband could be 
ripped off? If police have a moral culture where they will cheat 
themselves out of promotions, then what will the public be cheated, 
and to what extent? Given recent events one wonders if there is a 
higher crime rate per capita among Hawaii police, than among the 
general population? The evident corruption of the police is a far 
greater harm to society than will ever come from someone offering 
cannabis in worship.
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MAP posted-by: Josh