Pubdate: Thu, 24 Nov 2011
Source: National Post (Canada)
Copyright: 2011 Canwest Publishing Inc.
Contact: http://drugsense.org/url/wEtbT4yU
Website: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Douglas Quan
Bookmark: http://www.mapinc.org/spirit.htm (Spiritual or Sacramental)

SMOKING MARIJUANA NOT A RELIGIOUS ACT, JUDGE RULES

VANCOUVER - A federal judge has ruled that a member of the Church of 
the Universe, which believes cannabis is the "tree of life," has 
failed to show that his marijuana consumption "has any nexus with religion."

Christopher Bennett, who claimed that he should be allowed to smoke 
up to seven grams of marijuana - about 35 joints - every day for 
religious purposes, argued that Canada's drug laws infringed upon his 
religious rights.

But in a 21-page ruling, Judge Michel Shore wrote, "While the 
applicant has shown that his practice is based on the belief that 
cannabis is the tree of life, this, in and of itself, does not make 
it a religious practice."

In an interview, Mr. Bennett, 49, said he has been using cannabis as 
a religious sacrament for more than 20 years.

"It's not just some gimmick," he said. "By ingesting cannabis, we 
share in this collective consciousness, which is an aspect of God. 
That's a common belief in countless mystical traditions."

Mr. Bennett's clash with the government began in February 2009, when 
he wrote to the federal health minister seeking a "public interest" 
exemption from the Controlled Drugs and Substances Act on religious grounds.

But officials with Health Canada's Office of Controlled Substances 
denied Mr. Bennett's request.

Mr. Bennett turned to Federal Court for a second opinion.

In his ruling, Judge Shore concluded that Mr. Bennett's marijuana 
consumption amounted to a secular "lifestyle choice" that was not 
protected by the Charter right of freedom of religion.
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