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Old 30th April 2012, 05:56 AM   #1
Puppycow
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Should drugs be legal if you are religious?

Rasta pot smokers win legal leeway in Italy

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Italy's Court of Cassation ruled that since the Rastafari religion considers marijuana a sacrament, its members should be given special consideration when it comes to possession -- and how much makes a drug trafficker.

The case before the judges dealt with a reggae musician who was sentenced to 16 months in prison by a lower court in Perugia after being found in possession of enough marijuana to roll 70 cigarettes.

The Court of Cassation annulled his sentence, saying the amount appeared appropriate for personal use considering the heavy amounts that Rastafarians smoke, and ordered an appellate court in Florence to review the case.
So, can anybody just convert to Rastafarianism if they want to smoke pot?

Also, I wonder if you could just start a new religion and make marijuana a sacrament?
I mean, who is to judge another person's religion? Even if I just make up a new one on the spot?

What if I make crack a sacrament? Or heroin? Would that make those legal too? Where do you draw the line?
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Old 30th April 2012, 06:37 AM   #2
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'Tis rather odd.. The Rastafari (they don't like the term "Rastafarian" or "Rastafarianism") often don't even consider the movement a religion; more of an ideology...
They worship Haile Selassie as a god or prophet, and want to repatriate to Africa...
The whole thing started up around 1930.

So yeah, it appears that if you invented a religion which featured dope as part of it's structure likely it would be accepted... I know some Amerind groups are allowed to posess and ingest peyote....
And apparently you wouldn't even need a large following....The Wiki says there may only be a million Rastas all told.
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Old 30th April 2012, 06:51 AM   #3
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I think that drugs should be legal, regardless of whether you're religious or not.
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Old 30th April 2012, 07:44 AM   #4
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Drugs should be mandatory if you're religious.
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Old 30th April 2012, 07:44 AM   #5
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I think that laws should be applied equally, whether you are religious or not. If a society agrees that a particular behavior is harmful, having a belief system that doesn't agree with that should not exempt you from the law. I am not saying that all laws are just or that poor or harmful laws should not be fought by the populace, only that personal beliefs are not a compelling reason for a person to be exempt from them.

A comparable example of a nonreligious belief system in which a person believes something strongly but should not be exempt from the law for holding that belief is the Naked Rambler. For anyone who is unfamiliar with him, he believes that he should be allowed to walk around naked wherever he likes, and the police disagree. He's been in prison for quite some time now for disturbing the peace and contempt of court. I personally think he's been treated rather unjustly and tend to disagree with the type of law that he is opposed to, but I do not believe that his position on that law should provide him with immunity to it.

As an aside, people who hold these positions in the face of the law and who compare themselves with Rosa Parks should be given firm wedgies. For Stephen Gough, I guess we'd need to put some underpants on him first, but still...
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Old 30th April 2012, 08:14 AM   #6
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No need to stop at drugs. All kinds of 'illegal' behaviour could be protected this way.

File Sharing "Church of Kopimism" Becomes Officially Recognized in Sweden

Quote:
For the Church of Kopimism, information is holy and copying is a sacrament, it said in a statement, and adds that information holds a value, in itself and in what it contains, and the value multiplies through copying. Therefore, copying is central for the organization and its members.

Not sure if it will hold up in court!
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Old 30th April 2012, 08:29 AM   #7
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Yes and they should also be legal for everyone else too.

The fact that people still support and promote prohibition blows my mind.
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Old 30th April 2012, 03:48 PM   #8
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They shouldn't be legal due to religious affiliation.
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Old 30th April 2012, 04:05 PM   #9
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Well, for weed at least I see no reason why those laws shouldn't be struck from the books altogether. There's much more convincing evidence for the harm of alcohol and tobacco than marijuana. For drugs in general, illegality should equate to restrictions on sale, manufacture, and distribution without the completely overblown and counterproductive "war" aspect, just like we do with many legal drugs. People abuse prescriptions, but we don't break down peoples doors and shoot their dogs because someone across the street from them was suspected of selling them.
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Old 30th April 2012, 04:20 PM   #10
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Should drugs be legal if you are religious?

Holding a belief (religious or otherwise) shouldn't be cause for preferential treatment by the law (whether drug laws, tax laws or anything else).

But drugs are legal. Alcohol, nicotine, caffeine, codeine, pseudoephedrine and many more can be legally purchased and consumed without even requiring a prescription.

Perhaps your question should have specified exemption for prosecution over possession of illegal drugs.
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Old 30th April 2012, 05:11 PM   #11
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Religions shouldn't be given special permission to do drugs any more than they should to perform human sacrifice. It would be real easy for me to just invent a religion where LSD is a sacrament. And who is to say what a real religion is? They are all nonsense.

That said, drug prohibition is stupid.
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Old 30th April 2012, 05:49 PM   #12
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They also can use peyote and there is a Brazilian sect of Catholics who can use DMT legally in the US. Drug prohibition should be ended. I don't think religions should be exempt from what is legal based on personal belief.
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Old 30th April 2012, 05:55 PM   #13
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Originally Posted by jiggeryqua View Post
Drugs should be mandatory if you're religious.
I think the non-religious are in greater need, as we have to put up with the religious.
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Old 30th April 2012, 06:02 PM   #14
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Yeah, I don't see any point to a religious exemption for drug use. Either drug use should be legalized, or not; the religious shouldn't get a special exemption regarding health and safety laws.
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Old 30th April 2012, 08:37 PM   #15
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Please don't conflate "pot" and "drugs" like that, Puppycow. Makes you too much like the War on Drugs policy champions.

I believe that aspirin should be legal for use in religious ceremonies.
It is a drug.

There are so, so many drugs, not all of which give you a rush, some of which are meant to be just medicine, others, like LSD, apparently are just for recreation ... but weren't originally.

Rasta man smoking Pot in Jamaica, good idea.
Why should Swedish law, if it forbids pot smoking, make for a loophole?

When in Sweden, and all that.
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Old 30th April 2012, 09:17 PM   #16
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Originally Posted by jiggeryqua View Post
Drugs should be mandatory if you're religious.
Literally the opiate of the masses...
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Old 30th April 2012, 10:06 PM   #17
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Originally Posted by Darth Rotor View Post
There are so, so many drugs, not all of which give you a rush, some of which are meant to be just medicine, others, like LSD, apparently are just for recreation ... but weren't originally.
I was surprised when I read up on LSD a while ago. Apparently there's never been a death from overdose, it's non-addictive, with little or no harmful effects. Which makes me wonder why it was banned in the first place.

And apparently sub-psychedelic amounts can be used to treat cluster headaches, pain and alcoholism.
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Old 1st May 2012, 04:37 AM   #18
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Originally Posted by Andrew Wiggin View Post
Literally the opiate of the masses...
Wins thread.

I agree there should be no religious exemption on drug use - or for that matter, on any other issue.

And FWIW, I'm also in favour of more liberal drug laws. Our current government does not agree, as it has introduced that so-called coffeeshops must have membership cards as if they're restricted clubs.
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Old 1st May 2012, 08:32 AM   #19
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Originally Posted by Brian-M View Post
And apparently sub-psychedelic amounts [of LSD] can be used to treat cluster headaches...
As one who used to suffer from cluster headaches, I can say that, if there had been literature to support LSD as a treatment and if the drug had been available, I would have tried it. Hallucinogenic effects be damned, clusters HURT, and standard drugs (1) did not alleviate the pain and (2) had nasty side-effects of their own. Legal drug after legal drug was prescribed for me, and none worked. It is quite possible that I would have considered illegal drugs fro relief.

In the end, I found that the literature reported that inhaling pure oxygen at a fairly high flow rate aborts the headache completely. After an immense effort to secure oxygen for myself (this was far more difficult to do than to get pharmaceuticals), I found that the literature was correct. Oxygen works. With this hard-won knowledge, I would NOT use LSD today... but I cannot say that what worked for me would work for others, nor can I find it in my heart to condemn someone who resorted to a controlled substance to relieve the agony.
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Old 1st May 2012, 08:59 AM   #20
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Originally Posted by Andrew Wiggin View Post
Literally the opiate of the masses...
Well, if opiates are your drug of choice. For many it's the amphetamines of the masses, or the cannaboids of the masses. If I was prescribing for the irredemably religious, I'd probably go for cannabis, or perhaps one of the new 'designer drugs' that get retailed as bath salts.

I wouldn't normally be so pedantic but when you start a sentence with 'literally'...
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Old 1st May 2012, 09:51 AM   #21
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Originally Posted by AvalonXQ View Post
Yeah, I don't see any point to a religious exemption for drug use. Either drug use should be legalized, or not; the religious shouldn't get a special exemption regarding health and safety laws.
I don't see any point to a religious exemption for anything. The religious shouldn't get a special exemption regarding any laws.
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Old 1st May 2012, 10:06 AM   #22
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Originally Posted by Puppycow View Post
Also, I wonder if you could just start a new religion and make marijuana a sacrament?
I mean, who is to judge another person's religion? Even if I just make up a new one on the spot?
You would need to convince the judge that you do actual use larger than normal amounts for personal. Religion is just one argument. A case could be made for unusualy cronic pain or whatever.

Also italian courts are somewhat notorious for ah interesting rulings.
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Old 1st May 2012, 10:16 AM   #23
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Originally Posted by Finster View Post
I don't see any point to a religious exemption for anything. The religious shouldn't get a special exemption regarding any laws.
But thats not what is going on here. Its an argument over wether or not the person would use that amount of the drug themselves and their belief system has been entered as evidence of that.
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Old 1st May 2012, 10:27 AM   #24
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Originally Posted by Puppycow View Post
Also, I wonder if you could just start a new religion and make marijuana a sacrament?
I mean, who is to judge another person's religion? Even if I just make up a new one on the spot?
It's been tried. Several times.

Cooked-up religions have been long been a favorite of tax-dodgers, and several folks got the idea of adding in pot as a "sacrament." Some of these guys went to elaborate lengths to develop "scriptures" and formulate "rites" and formalize modes of "prayer" and create a "liturgy" and elevate "saints" and identify things "holy" ... but in the end all they really wanted to do was smoke grass (and avoid taxes), without getting tossed in klink.

Of course, arrests get made anyway, and then the religious defense is offered. Most of the time, it fails.

Basically, when one of these religious defenses ends up in court, the judge usually sees through all the nonsense and disallows the religious defense. Usually one of the reasons the defense is disallowed is that the "religion" seems to have been invented relatively recently for questionable purposes. This has led some people to try to latch on to religions that have used intoxicants for a long time, so as to avoid the notion that the religion have been invented relatively recently.
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Old 1st May 2012, 10:38 AM   #25
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Originally Posted by geni View Post
Also italian courts are somewhat notorious for ah interesting rulings.
Is this an oblique reference to she-who-shall-not-be-named? (And yes, it's the same city and court).
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Old 1st May 2012, 01:12 PM   #26
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While this thread seems to be about recreational drugs, it should also be noted that the witholding of medical drugs should be the same for all religions. Like jasonpatterson et. al., I agree that whatever laws we have, right or wrong, should be enforced the same without regard to religious affiliation. This includes charging Christian Scientists with child abuse for denying vital medical treatment to their children.

No religion should give you an exemption to the law.
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Old 1st May 2012, 01:47 PM   #27
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Originally Posted by ddt View Post
Is this an oblique reference to she-who-shall-not-be-named? (And yes, it's the same city and court).
No a case involving a judge ruling a women wearing tight jeans couldn't have been raped was the first that came to mind.
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Old 1st May 2012, 02:02 PM   #28
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Pot and hallucinogens should be legal for the religious and non-religious alike.
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Old 1st May 2012, 03:23 PM   #29
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Originally Posted by Brown View Post
As one who used to suffer from cluster headaches, I can say that, if there had been literature to support LSD as a treatment and if the drug had been available, I would have tried it. Hallucinogenic effects be damned,
Supposedly it's effective for this in amounts too small to induce hallucinogenic effects. (According to Wikipedia, which is my source of information. I don't know what the actual medical literature says about using LSD for cluster headaches.)

Originally Posted by geni View Post
But thats not what is going on here. Its an argument over wether or not the person would use that amount of the drug themselves and their belief system has been entered as evidence of that.
Ah, for some reason the OP gives the impression that the court was ruling that it was legal for Rastafari to smoke pot. (But it seems to be ruling on how much can be found in their possession before they're charged with drug trafficking.)
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Old 1st May 2012, 04:55 PM   #30
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IIRC some religion wanted to use peyote or something, and it went to the US Supreme Court, who did not support it.

I don't know if was an honest historical use or just a ginned up one. I would like to think the latter. If the former there's a definite constitutional issue.
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Old 1st May 2012, 05:03 PM   #31
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Originally Posted by Puppycow View Post

What if I make crack a sacrament? Or heroin? Would that make those legal too? Where do you draw the line?
Why don't you choof off to Italy and find out
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