The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their religious beliefs. The Hawaii Cannabis Ministry was founded in 2000 in the City of Hilo, Hawaii as “a community wherein Cannabis
Religious Freedom Restoration Act

Ninth Circuit Agrees That Prohibition on the Possession and Distribution of Cannabis Does Not Violate RFRA
Founder and president of Oklevueha Native American Church of Hawaii, Inc. (“Oklevueha”), Michael Rex “Raging Bear” Mooney, filed suit in 2009 against various federal officials in the Federal District Court of Hawaii. Mooney and Oklevueha sought to prevent the government from prosecuting them under the Controlled Substances Act (“CSA”), 21 U.S.C. § 801 et seq.…
USPS Sued for Seizing Sacramental Marijuana
Oklevueha Native American Church (Church) was established in 1997 in Utah by Plaintiff James Mooney and his wife Linda, who are each of Native American decent. According to the complaint in Oklevueha Native American Church v. United States of America, Case 3:16-cv-00077 (D. OR, Jan. 15, 2015), the Church has thousands of members and…
Illinois Federal Court Dismisses Some, But Not All, RLUIPA Claims

A federal court in Illinois, in Church of Our Lord and Savior, Jesus Christ v. City of Markham, Illinois (N.D. Ill. 2015), dismissed some of the Church’s religious land use claims while allowing others to proceed. The case is important for…
Houston Housing Authority Sued Under Texas RFRA for Taking Church Properties

Two Houston churches are using the Texas Religious Freedom Restoration Act (“TRFRA”) to challenge the Houston Housing Authority’s actions to acquire their properties by eminent domain as part of an urban renewal project. The Latter Day Deliverance Revival Center (“Center”) and…