Drug Policy Alliance Logo
About Take Action News Publications and Library Blog Contact Donate Events Community eStore
Home > News > Guam Supreme Court Rules That Rastafarians Have a Religious Right to Possess Marijuana Free from Criminal Prosecution Under Guam's Organic Act

News News

Reform Conf 2009

Marijuana: The Facts
What's Wrong With the Drug War?
Overdose
Safety First: Parents, Teens and Drugs
Drug By Drug
State By State
Reducing Harm: Treatment and Beyond
Drugs, Police & the Law
Communities Affected
Drug Policy Around the World
Publications and Library
What People are Talking About

Your Email
> Manage Subscriptions
What People are Talking About

Join the Drug Policy Alliance Network's work to promote drug policies based on science, compassion, health, and human rights.
Donate
> Get Involved
In this Section
bottom
The Latest

End Marijuana Prohibition



Send A Message
Full Text Resources

> more

Suggested Web sites
> more links

  

Guam Supreme Court Rules That Rastafarians Have a Religious Right to Possess Marijuana Free from Criminal Prosecution Under Guam's Organic Act
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.



Provide Feedback on this Page:

* 1.




 2.



 3.



   Please leave this field empty