Pubdate: Sat, 28 Jul 2007
Source: Contra Costa Times (CA)
Copyright: 2007 Associated Press
Contact:  http://www.contracostatimes.com/
Details: http://www.mapinc.org/media/96
Author: Andrew Glazer, Associated Press
Bookmark: http://www.mapinc.org/find?115 (Marijuana - California)
Bookmark: http://www.mapinc.org/topics/Religious+Freedom+Restoration+Act
Bookmark: http://www.mapinc.org/people/Craig+Rubin (Rev. Craig Rubin)

MINISTER CALLS POT A SACRAMENT

Clergyman Based in Hollywood Says Marijuana 'Is the Tree of Life 
Mentioned in the Bible'

LOS ANGELES -- A minister with mail order credentials who faces drug 
charges for distributing marijuana through his Hollywood church 
argued unsuccessfully this week that federal law protects his use of 
the drug because he believes it is a religious sacrament.

The Rev. Craig Rubin, 41, the leader of the 420 Temple who has 
appeared in episodes of the Showtime comedy "Weeds," faces as many as 
seven years in prison if convicted of possessing marijuana for sale. 
Jury selection was to begin Wednesday.

He and about 400 members of his church believe marijuana is a 
religious sacrament and burn and smoke it during services.

"We feel pot is the tree of life mentioned in the Bible, so it is 
incorporated into the ceremony," Rubin said before the hearing began.

Though he was ordained in 1990 by the Universal Life Church -- which, 
for a fee, will ordain anyone -- police and prosecutors describe 
Rubin as a drug dealer. The Beverly Hills-born minister was arrested 
last fall and freed after posting $20,000 bail.

Rubin, who is representing himself, has asserted his protection under 
the Religious Freedom Restoration Act -- a 1993 federal law designed 
to prevent government from imposing laws that restrict religious freedoms.

During Tuesday's hearing, however, Superior Court Judge Mary Strobel 
ruled that Rubin could not use the federal law as a defense because 
he faces only state charges.

Rubin told the judge he would file a writ challenging her ruling and 
would consider a plea deal if it stands.

"I have to get myself a private lawyer," Rubin said in an interview 
afterward. "I'm getting knocked around in there."

Both the defense and the prosecution said they could not find any 
cases in California where marijuana use was found acceptable on 
religious grounds. Deputy district attorney Bob Chen seemed astounded 
that Rubin has never denied possessing and distributing the marijuana.

"It seems to me he is conceding that at this temple, they were 
selling marijuana," he said.

Rubin, wearing a red tie and neat pinstriped black suit, nodded and smiled.

Rubin alleges federal agents joined police on the November raid and 
that authorities used excessive force when arresting congregants. The 
federal law mandates that police, when there is a compelling 
government interest, may intervene using "the least restrictive" 
means. Rubin said he will testify that an officer held a shotgun to 
his head during the bust.

Rubin, a UCLA graduate with no legal experience, fluently cited prior 
cases and appeared to answer the judge's questions to her satisfaction.

A lawyer consulting on his case commended his legal acuity.

On Monday, however, Rubin was unaware he would be called to select a 
jury. He said he spent the weekend praying and smoking with Indians 
in a sweat lodge at the bottom of the Grand Canyon. 
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MAP posted-by: Richard Lake