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Court Says Hawaii Church's Challenge To Cannabis Laws Is Not Ripe

By Howard M. Friedman

In Oklevueha Native American Church of Hawaii v. Holder, 2010 U.S. Dist. LEXIS 61844 (D HI, June 22, 2010), an Hawaii federal district court dismissed on ripeness grounds a pre-enforcement challenge to federal drug laws by a church that uses cannabis in its religious ceremonies and by its spiritual leader. In the amended complaint involved in the case, plaintiffs allege that the church's 250 members fear criminal prosecution for cultivating, consuming, possessing, and distributing cannabis. However, according to the court, plaintiffs allege neither a concrete plan to violate federal drug laws nor a specific threat of law enforcement against them. The complaint also failed to describe in sufficient detail plaintiffs' use of cannabis, how they acquire it and their future intent. Plaintiffs also sought return or compensation for $7000 worth of cannabis seized from FedEx in transit to plaintiffs. The court concluded that plaintiffs' tort claims for theft and conversion are barred by sovereign immunity and the Supremacy Clause. However the court left open for further proceedings claims under the federal Religious Freedom Restoration Act for return of the cannabis or compensation. (See prior related posting.)

Full post as published by Religion Clause on June 25, 2010 (boomark / email).