Greetings,
Many of us are confused by the
UDV rulings in the lower courts. In those decisions, old
religious use of marijuana cases are discussed and compared to what
the court is doing in the UDV case. This is a normal process,
to compare old case law to the current case under review.
Because marijuana is not a part
of the UDV church, because marijuana was not considered in testimony
as a part of the UDV church establishment and exercise, all
references to old case law that considered marijuana is DICTA
.
Just this week the Supreme Court
released a decision that carefully explains DICTA and where it
applies or not.
Check out BP
America v. Rejane, 549 U.S. ____ (December 11,
2006) at:
This case will be argued a lot in
the coming religious use of marijuana cases.
While you are at the Supreme
Court also check out Carey v. Warden, 549 U.S. ____ (December
11, 2006) . This is about whether or not a state law that
makes conspiracy for possesion of cocaine a felony, triggers harsher
penalties under the federal drug law, where the same act is
not a felony under the federal drug law. This explains a
lot about state vs. federal jurisdiction which applies to medical
use of marijuana states and that impact on religious use cases.
One Love revtombrown
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