marijuana. is it legal or not in America?

what if it was for RELIGIOUS purposes? (Rastafarians)

(what if there's conflict between state law and the federal law?)

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  • 1 decade ago
    Favorite Answer

    Illegal even for Rastafarians. That was already decided in a Supreme Court case I believe. However, Peyote, was found to be ok for Native American religious purposes. It is legal in some states (i.e. Oregon and California) for medicinal purposes, but that only means the state won't punish them. It's still a federal crime, so that won't stop the feds from punishing someone if they feel like it, which is what they have done, namely in Gonzalez v. Raich. They said it didn't violate the 10th amendment because the Commerce Clause preempts the state laws because if California allows people to possess marijuana it will leak into the black market and affect other states, so the feds can still regulate that.

  • 1 decade ago

    Not legal. If there's conflict between state and federal law, the feds win. Here in California we have legal medical marijuana facilities, which in the past the feds have raided on a regular basis.

    Thank goodness Holder has announced this will be one of the lowest priorities for law enforcement.

    And yes, it is legal for Rastafarians to have and smoke; but they cannot import it, according to a Ninth Circuit Court ruling in 2002:

    http://www.cognitiveliberty.org/news/rfra_rasta.ht...

  • 1 decade ago

    I think the only way marijuana is legal is medical marijuana in California.

  • Anonymous
    1 decade ago

    No, that has been tried before. It is, however, legal if used for medicinal purposes with a doctors signature that you have to show.

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  • Anonymous
    1 decade ago

    The DEA doesn't even care if smoking it will save your life.

  • Anonymous
    1 decade ago

    not legal it doesnt matter if its religious its illegal

  • 1 decade ago

    still ilegal SORRY?

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