Rastafarian Temple’s TRO denied in Medical Marijuana Freedom of Religion case

Today Judge Mohr of the complex civil department denied a Rastafarian temple’s request for a temporary restraining order against the Los Angeles Police department following arrests that were made earlier this month at the alleged temple.

Live testimony was given from the temple’s spiritual elder, Fitz Albert Thomas.  Thomas stated that on July 14, 2010, he was teaching a chess class at the Liberty Bell temple when the LAPD served a search warrant and detained everyone at the temple on suspicion of selling marijuana in violation of the Los Angeles medical marijuana ordinance.

“Marijuana is a part of our sacrament , a way of life”, said Thomas.  Thomas also testified that the arresting officer told one of the detainees, “Don’t go back in the temple.  If you go back in the temple, you will be arrested and charged with a felony”.  Testimony from one of the arresting officers was that he instead told the Rastas that “you can return to the temple, but you cannot sell narcotics.  If you do, it can be a felony”.

Judge Mohr ultimately denied the TRO stating that the Rasta’s case was distinguishable from such Supreme Court cases as People vs. Woody in which peyote use was the central focus of the religion.  In addition, the Court pointed out that in the peyote cases, only peyote use was allowed, not sales of peyote. 

The Judge further pointed out that in the Rasta’s case, the church appeared to be “disguised as a collective” because it encouraged members to obtain a doctor’s recommendation. 

“If the church is not a collective, then it has no standing to sue the City over the enforcement of the ordinance because the ordinance does not apply to them since they are not a collective”, said Damian Nassiri, a medical marijuana attorney representing other collectives in the medical marijuana lawsuit. 

Live testimony was also elicited from an LAPD narcotics officer who testified that the undercover agent showed a recommendation and was able to buy marijuana in about 15 minutes after entering the alleged temple.  Judge Mohr also stated that he did not believe that there was any exercising of religion which took place within the 15 minutes that it took for the officer to make the purchase. 

Nassiri informed us that “All of the conduct testified to here today is protected activities under the Medical Marijuana Program Act.  However, the problem for the Rastafarian’s was that they were not claiming to be a collective, despite various references to such things as SB 420 and Prop. 215.”