September 09, 2000
Guerrero, a Rastafarian, was indicted for "importation of a controlled substance," a first degree felony under Guam law, after custom agents at Guam International Airport found marijuana in his bag. Guerrero asked the court to dismiss the case on the ground that the law under which he was being prosecuted violated his right to freely exercise his religion as guaranteed by the Organic Act of Guam and the First Amendment of the United States Constitution. The trial court held that Guerrero was a legitimate member of the Rastafarian religion and had established that the use of marijuana is a necessary sacrament in the practice of his religion. On appeal, the Supreme Court of Guam affirmed, holding that the government failed to demonstrate that the infringement on religious freedom was justified by a compelling state interest and that the government had failed to use the least restrictive means of achieving its objective. In so ruling, the high court in Guam read its own freedom of religion provision as providing greater protection than the First Amendment of the U.S. Constitution. The full opinion of the court can be found at People of Guam v. Guerrero, 2000 Guam 26.
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