Update
on
Guam
Rastafarian
Freedom
of
Religion
Case
8/27/99
Richard Milsom for DRCNet, [email protected] The Office of the Attorney General of the Territory of Guam has declared that it will appeal the decision of the Superior Court of Guam to acquit a Rastafarian of drug charges to the Supreme Court of Guam (see last week's article at http://www.drcnet.org/wol/104.html#makhana). According to a Pacific Daily News report this week, the decision to pursue the appeal was motivated by a belief that the case may have significance that reaches beyond one individual's assertion of his right to the free exercise of religion. Deputy Attorney General Michael Stern told the News that "the case has implications beyond simply the individual defendant in this case" and maintained that the ruling of the Superior Court could limit the government's ability to prosecute drug cases. There may be some agreement between the defendant and the prosecutor with respect to the importance of what is at stake in this case. Ras Iyah Ben Makahna is described in the News report as "looking forward to the appeal as a way to make clear his position on religious freedom." The reemergence of the freedom of religion issue in such cases as Mr. Makahna's in Guam and the return of previously seized peyote to The Peyote Foundation in Arizona last January (http://www.drcnet.org/wol/074.html#peyote), may signal the opening of a necessary national discussion. Ultimately, the contradiction of First Amendment principles by the prosecution of peaceful users of sacred plants (also known as 'entheogens') may prove too blatant for the mainstream media to ignore. QUERY: The author is attempting to gather information concerning individuals or groups who have been prosecuted under current drug laws for their use of entheogens (plants which they consider sacred under their religion), particularly those who have attempted to defend themselves under the 'free exercise' clause of the First Amendment. An unknown number of Americans regard the use of certain plants as sacred and essential to their religious practice, and some of them are in prison for it. All of them live with that fear. If you are able to provide any useful information, please contact Richard Milson at [email protected].
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