As reported in the Denver Post, Clear Creek County Judge Rachel Olguin-Fresquez convicted Trevor Douglas of marijuana possession Tuesday, March 9.
Douglas told the court that he uses marijuana the way Catholics use bread and wine in Communion – as a religious sacrament – and that the charges violate his First Amendment rights. Douglas actually holds membership in two churches that espouse such beliefs. He quoted Bible verses and testified that he was trained by his parents to use marijuana in holy ceremonies.
In issuing her ruling Olguin-Fresquez said, "It does not appear to this court that the defendant is practicing a religion so much as his own beliefs." The issue, she said, was whether his personal spiritual practices amount to a religion as defined in case law.
Douglas’ case made me wonder if my Wiccan spiritual practices would be considered a religion under the legal definition. The military has finally recognized Wicca, allowing deceased Wiccan soldiers to have a pentacle carved onto their headstones,which bodes well for our legal standing.
More at the Examiner