Written by Don Byrd
The 9th Circuit Court of Appeals has revived a Native American church’s religion-based challenge to federal drug laws. The Oklevueha Native American Church of Hawaii claims marijuana consumption is fundamental to their religious beliefs, and that the government’s seizure of the substance violates their rights under the Religious Freedom Restoration Act. Initially dismissed by a trial court, the appeals court said the issue was ripe to be heard and the suit may go forward.
The panel ruled additionally in favor of the government’s view that monetary damages are not allowed following the Supreme Court’s ruling in Sossamon; but disagreed with the government’s claim that the church was required to exhaust all administrative remedies before seeking judicial relief under RFRA.
You can read the ruling here.
