*Note: Reverend James Kimmel was invited into this lawsuit
as a courtesy because he helped to start the cannabis ministry
in Hawaii, the Religion of Jesus Church, in which
Roger was ordained.

He has since opted-out of the suit because
he is a staunch Hawaiian sovereignty activist and does not
consider himself a citizen of the United States.

Thank you Jim for your inspiration and good works.
God bless you and yours.

Update: June 27, 2004

Our first appearance in Federal court
on our complaint for permanent injunction
has been postponed to an undetermined date.

The location will be the
Federal District Court, Honolulu, Hawaii.

We know that Judge David Ezra has recused himself
due to a conflict of interest.
We do not know what that conflict is.

We do know that Judge Thomas F. Zilly of Washington State
will be visiting Hawai'i to hear our lawsuit.
We welcome Judge Zilly to the case as he has a fine reputation
as a fair and impartial jurist.
Aloha to the judge.

The Justice Department has responded to our complaint with a
Motion to Dismiss.
The motion is 45 pages long and is the government's best attempt
to counter our sincere and legitimate complaint.

We look forward to meeting the government through its legal representatives
in the courtroom and in the court of public opinion
where we will present our evidence and witnesses
for all the world to see and to judge.

We will keep you updated as events occur.

We pray for God's blessing and the divine light of justice to shine now and forever more.
Mahalo and Aloha.



MARCH 24th, 2004, 8:10 A.M.

 

Honolulu, Hawaii

 

ATTORNEY GENERAL JOHN ASHCROFT,  D.E.A. ADMINISTRATOR KAREN TANDY AND FEDERAL PROSECUTOR ED KUBO SUED TO PREVENT RELIGIOUS AND THERAPEUTIC CANNABIS ARRESTS

 

 

          Aloha.  A Complaint for injunctive relief was filed March 24th in the U.S. District Court for the District of Hawaii against U.S. Attorney General John Ashcroft, D.E.A. Administrator Karen Tandy, and local U.S. District Attorney Ed Kubo by religious and medicinal consumers of cannabis.

 

          The suit seeks to enjoin the Federal government from arresting and prosecuting those residents of Hawai’i whose religions and religious beliefs require the consumption of cannabis (the herb that governments derogatorily label as “marijuana”).

 

          The lawsuit also seeks protection from federal prosecution for those citizens of Hawaii who cultivate, consume and/or distribute cannabis legally pursuant to legislatively-enacted Department of Public Safety Narcotics Enforcement Division guidelines and valid patient/caregiver registration certificates. 

 

          The suit was sparked by the recent arrest of a local Puna THC Ministry Reverend, and the ensuing prosecution for cannabis cultivation by the U.S. Department of Justice.

 

          The case has a higher probability of success based upon the recent ruling by the Ninth Circuit Court of Appeals (whose decisions serve as precedent in Hawaii) in Raich v. Ashcroft.  Angel Raich and other Californians and caregivers can now consume and cultivate therapeutic cannabis absent the often realized fear of federal prosecution for their use of a non-toxic and natural herbal medicine.

 

          The Plaintiffs also rely upon the federal Religious Freedom Restoration Act to secure their definitive right to free exercise of religion.

That Act was recently used to prevent the federal government from prosecuting a New Mexico based, Brazilian Uniao Do Vegetal themed religion for their importation and distribution of Ayahuasca, a sacramental tea from the Brazilian rainforest.

 

          According to Michael A. Glenn, Esq., the Hawaii attorney for the churches and patients suing Ashcroft, “The Federal Government has zero compelling interest in preventing either the religious or therapeutic consumption of cannabis by Hawaii’s citizens.  As far as we know, more people died last month from eating peanuts, jaywalking or taking aspirin than have ever died from using cannabis in the entire history of its use.  And, even if you take the federal government at face value and accept that they have the power and duty to protect one from one’s own folly, the mandatory terms of imprisonment faced by cannabis users have zero relationship to the goal of harm reduction and indeed smack of Draconian punishment for freethinking, non-violent Reverends and patients leading law-abiding lives.”

 

          Local cannabis activist and founder of the THC Ministry Reverend Roger Christie is ready to change the government’s views on cannabis.  “The lawsuit is a respectable way to demonstrate that the conspiracy against marijuana is being replaced with the truth of cannabis.”  Mahalo and aloha.

 

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