4/20 Update: Marijuana, Religion, and the First Amendment

2010-08-06
By

“THEN GOD SAID, I GIVE YOU EVERY SEED-BEARING PLANT ON THE FACE OF THE WHOLE EARTH, AND EVERY TREE THAT HAS FRUIT IN IT.” GENESIS 1:29-30

Good Friday, 1962, fell on April 20. That morning, 20 university theology students — all men — delivered themselves into the hands of Boston University researchers in the basement of Marsh Chapel. Each participant was handed a gelatin capsule and a glass of juice.

Ten of the students in the room would wash down a hefty dose of naicin — an over the counter B-vitamin gauranteed to evoke a hot flush, or at least a tingling sensation on the skin.

The other ten were each handed a capsule containing 30 mg of psilocybin — a psychoactive drug found in psilocybin mushrooms.

Almost all the Divinity students who ingested the psilocybin reported a significant increase in their perception of God or Spirit. The control group showed no such results. The study therefore offered empirical evidence for the causal connection between entheogenic substances and spirituality.

That was almost 50 years ago — just as modern Prohibition was getting underway. Not long after that the federal government shut down further research along these lines for decades to follow.

Now flash forward to this 2006 John Hopkins University press release:

Using unusually rigorous scientific conditions and measures, Johns Hopkins researchers have shown that the active agent in sacred mushrooms can induce mystical/spiritual experiences descriptively identical to spontaneous ones people have reported for centuries.

As the electorate has changed over time, the baby boomers — the first post-industrial generation to be widely introduced to entheogens like Cannabis — have begun to populate the voting booths and power positions formerly occupied by another generation.

Even without the new academic research, it is easy to demonstrate anecdotally that entheogens had widespread religious, spiritual and mystical uses in pre-industrial societies. It is likewise reasonable to assume that human societies have used entheogens for tens of thousands of years.

Certainly nature has selected our neurological systems to be receptive to Cannabinoids:

Cannabinoid receptors are one of the most numerously occurring G-protein linking receptors in the brain. (wiki).

As a religious practitioner, I chose to believe this is not an accident, but a measurable anthropic coincidence.

The use of entheogenic medicines by qualified practitioners is an age-old and distinctly human inheritance that no Government can legitimately outlaw.

In this matter I invoke the Harm Principle, wherein law enforcement has no prevailing interest in arresting qualified practitioners who grow and use Cannabis for private entheogenic purposes.

The Prohibitionist is further burdened by the fact that the personal domestication of the Cannabis plant is itself a wholesome and healing activity — much less one protected by the First Amendment.

An anthropologist or behavioral psychologist would admit that the reward of getting high is itself a motivator. That is, to receive the reward, the Cannabis religious practitioner must plan, plant, tend, harvest, and prepare the crop in an ordered sequence over an extended period of time.

Cannabis husbandry is an empowering, positively-reinforcing and spiritually productive human activity; it is precisely what men have been doing since before the dawn of civilization. Over thousands of years of prehistory, agriculture was THE signature feature of the human race. As a species and as individuals, we are behaviorally pre-disposed to engage in some form of domestic agriculture or related enterprise.

But successful husbandry of the Cannabis plant for entheological purposes requires careful nurturing over time. A person must learn to nurture the plant before they can get the  psychological  reward of getting “high”. (Otherwise, they are simply growing hemp — a valuable domestic biomass resource in its own right, but not suitable as a entheogenic Sacrament.)

Thus the planning, planting, tending, and harvesting of a Cannabis plant at home is an explicitly existentialist act if you assume that “getting high” is a spiritual experience — which it is.

Over the 6-month authorship of his Marijuana garden, an urban grower is given a lesson in the procession of life. In this way God speaks symbolically through nature, leading by example, and practically suggesting a course of action: “Nurture the plant, nurture each other, nurture the world.”

Unfortunately, in the postmodern world, men have become increasingly disassociated from their original anthropic profile. We used to be hunters, or planters, or warriors, or medicine men, or shaman; it’s only recently have we’ve been turned into a paler version of Thomas Anderson from The Matrix

It is time for Neo to wake up. The war on drugs is a naked failure. We are all prisoners of its effects. It is time to end prohibition. A plant must be released from dumb bondage.

Legalize it, tax it, regulate it, and get over it.

Mike LaSalle is the publisher of MensNewsDaily.com

________________________________________
Reference:

Multidisciplinary Association for Psychedelic Studies

Walter Norman Pahnke, Drugs and Mysticism: An Analysis of the Relationship between Psychedelic Drugs and Mystical Consciousness, Ph.D. thesis at Harvard University, Cambridge, Mass. (June 1963).

Rick Doblin, “Pahnke’s ‘Good Friday Experiment’: A Long-Term Follow-Up and Methodological Critique”, Journal of Transpersonal Psychology, Vol. 23, No. 1 (1991), pp. 1-28.

R. R. Griffiths, W. A. Richards, U. McCann and R. Jesse, “Psilocybin can occasion mystical-type experiences having substantial and sustained personal meaning and spiritual significance”, Psychopharmacology, Vol. 187, No. 3 (August 2006), pp. 268-283, doi:10.1007/s00213-006-0457-5.

R. R. Griffiths, W. A. Richards, M. W. Johnson, U. D. McCann and R. Jesse, “Mystical-type experiences occasioned by psilocybin mediate the attribution of personal meaning and spiritual significance 14 months later”, Journal of Psychopharmacology, Vol. 22, No. 6 (August 2008), pp. 621-632, doi:10.1177/0269881108094300.

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1,872 views

  • Jabberwocky

    Here here!

  • jjtaup

    Not to mention there has never been an ammendment to allow the federal government to regulate entheogens nor is the authority found in the current Constitution.

    There is a case to be made for the regulation of marijuana. One should not be allowed to drive or pilot or operate machinery where others are at risk. But states can, for the most part, make these restrictions.

    The federal government should have little authority in these matters, and absolutely none where no ammendment has granted such.

  • http://avoiceformen.com/ Paul Elam

    @ Jabberwocky

    Ditto. The war on drugs, from inception to it’s ugly, murderous state a hundred years hence, is a war on the human spirit.

  • Mashed

    Even going beyond Mikes human rights angle or the libertarian harm principle, from a purely practical perspective, the war on drugs is doing more damage to the people it purports to protect than could possibly be done by recreational drug abuse. Surely it’s time for the government to run up the white flag of victory on this issue and retire from the field of battle.

  • http://antinomian-peacenik.blogspot.com/ Bill Harris

    One need not travel to China to find indigenous cultures lacking human rights. America leads the world in percentile behind bars, thanks to the ongoing open season on hippies, commies, and non-whites in the war on drugs. Cops get good performance reviews for shooting fish in a barrel. If we’re all about spreading liberty abroad, then why mix the message at home? Peace on the home front would enhance global credibility.

    The drug czar’s Rx for prison fodder costs dearly, as lives are flushed down expensive tubes. My shaman’s second opinion is that psychoactive plants are God’s gift. Behold, it’s all good. When Eve ate the apple, she knew a good apple, and evil prohibition.

    Rooting out the number-one cash crop in the land burns tax dollars instead of booking them. Arresting Americans for gardening empowers outlaws to take over Mexico. Political prisoner Marc Emery delivered on Madame Secretary Clinton’s promise. He reduced U. S. demand for Mexican pot, by selling seed to American farmers. The DEA says they don’t need no stinking amendment.

    Nixon passed the CSA (Controlled Substances Act of 1970) on the false assurance that the Schafer Commission would later justify criminalizing his enemies, but he underestimated Schafer’s integrity. No amendments can assure due process under an anti-science law without due process itself. Psychology hailed the breakthrough potential of LSD, until the CSA shut down research, and pronounced that marijuana has no medical use.

    The RFRA (Religious Freedom Restoration Act of 1993) allows Native American Church members to eat peyote, which functions like LSD. All non-placebo sacraments remain prohibited to everybody else. The Free Exercise Clause of the First Amendment should protect all God’s children, including use of entheogen sacraments to mediate communion.

    Freedom of speech presupposes freedom of thought. The Constitution doesn’t enumerate any governmental power to embargo diverse states of mind. How and when did government usurp this power to coerce conformity? The Mayflower sailed to escape coerced conformity. Legislators who would limit cognitive liberty lack jurisdiction.

    Common-law holds that adults are the legal owners of their own bodies. The Founding Fathers undersigned that the God-given rights of liberty and the pursuit of happiness are inalienable. Socrates said to know your self. Mortal lawmakers should not presume to thwart the intelligent design that molecular keys unlock spiritual doors. Persons who appreciate their own free choice of path in life should tolerate seekers’ self-exploration. Liberty is prerequisite for tracking drug-use intentions and outcomes.

  • codebuster

    A lot of nanny-state laws similarly violate first amendment principles. Take seatbelt laws. God can invoke severe punishments for irresponsible conduct resulting in injury. What can be more severe a penalty than death? Yet nanny-state bureaucrats think that they can better God by imposing harsh penalties for… the failure to buckle up. This sort of penalty, soaring in the vicinity of hundreds of dollars, in Australia, for a minimum fine, hurts people on low income, especially with fines that are often higher than their weekly salary. It insults people’s intelligence as agents of God able to take responsibility for their own actions. It is an immoral law that has been shown to actually INCREASE fatality rates by virtue of what John Adams calls “risk compensation theory”. That is, when you force everyone to buckle up, more people will be inclined to drive faster, because they feel safer, with the effect that there is an increase in the soft-target fatalities (cyclists, pedestrians):
    http://en.wikipedia.org/wiki/Risk_compensation

    Bottom line? If a law unnecessarily constrains freedoms without any other PROVEN benefit, then it is an immoral law. This trend to nanny-statism is an immoral trend that insults everyone’s God (no matter what religion) and disrespects the purpose of human agency on earth, which is ultimately to apprehend the inextricable relationship between choice, responsibility, life and death.

    But most tellingly, this kind of law makes fools of us. How do we allow our lawmakers to get away this, especially given all the other things that are harming our lives and culture?

  • lightning

    When the government in a democracy declare “war” on their citizens they commit treason.
    In a democracy the people are in charge and the government are the SERVANTS.
    If the servant rebels against their masters the usual punishment is quick and clean.

    the declaration of “war” also invokes the Geneva conventions and to with hold or seize “Protected Items” of food medicine and sacrament from civilians in a theatre of armed conflict is a WAR CRIME and those perpetrating these crimes against humanity must be held to account.

    Political parties have hijacked western democracies and it is time we the people reminded them who is in charge.

    When the chance to vote comes vote out the incumbent and show the bastards who actually rules in a democracy

  • http://poeticobservations.wordpress.com/ Dabir Dalton

    Mike it is also written in the Bible that: Wine is a mocker, strong drink is raging: and whosoever is deceived thereby is not wise. Proverbs 20:2. As we all know wine contains alcohol which is a mind altering substance which allows one to reasonably extend the principle in Proverbs 20:2 to thc and any other mind altering substance…Hence Genesis 1:29-30 that you quote can not be construed to support the ingesting of mind altering substances without twisting the scripture at the risk of one’s own damnation…

  • http://www.google.com/profiles/mike.lasalle Mike LaSalle

    Dabir Dalton – please note:

    “EVERY SEED-BEARING PLANT ON THE FACE OF THE WHOLE EARTH”
    GENESIS 1:29-30

    Consider this: What was Jesus’ anointing oil made of? “Christ” literally means The Christened One. Christening is a birth ceremony involving the anointing of the body with a sacred oil.

    Have you heard of Kanah Bosm? It’s the Holy Anointing oil from the Old Testament. See the herb mentioned in Psalms 104:14-15

    Exodus 30:22-29: “oil holy anointment, an ointment compound after the art of apothecary”

    Here’s some breaking news for you: Kanabosm is Cannabis.

    For biblical authority that the State has purposely prohibited this particular “seed-bearing plant,” please ref:

    Gen 1:12, 1:29-31
    Timothy 4:1-3
    Mat. 15:11
    Romans 14:14,17
    Ezekiel 34:29

    The world has been pulled over our eyes. You need to wake up, Neo.

    “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”

    Good article here:

    http://www.cannabisculture.com/articles/1090.html

    and here:
    http://www.defendingthetruth.com/articles/10447-cannabis-bible.html

    “In 1936 Sula Benet (a.k.a. Sara Benetowa), a Polish etymologist from the Institute of Anthropological Sciences in Warsaw stated that: “In the original Hebrew text of the Old Testament there are references to hemp, both as incense, which was an integral part of religious celebration, and as an intoxicant”(Benet 1975). Through comparative etymological study, Bennett documented that in the Old Testament and in its Aramaic translation, the Targum Onculos, hemp is referred to as kaneh bosm, which is also rendered in traditional Hebrew as kannabos or kannabus. The root “kan” in this construction means “reed” or “hemp”, while “bosm” means “aromatic”.

    This word appeared in Exodus 30:23, Song of Songs 4:14., Isaiah 43:24, Jeremiah 6:20, Ezekiel 27:19.

    In 1980 the Hebrew University in Israel confirmed Benet’s identification of Kaneh-Bosm as hemp, and the respected anthropologist Weston La Barre(1980) referred to the Biblical references in an essay on cannabis.”

    Besides this references, there are a few other things that can be interpreted with Cannabis consumption:

    Genesis 1.29: “God said, “See, I give you every seed-bearing plant that is upon all the earth, and every tree that has seed-bearing fruit; they shall be yours for food.”

    “He causeth the grass to grow for the cattle and herb for the service of man: that he may bring forth food out of the earth; And wine that maketh glad the heart of man and oil to make his face to shineth.” (Psalm 104:14-15)

    “The Lord said unto me, “I will take my rest and I will consider in my dwelling place like a clear heat upon herbs, and like a cloud of dew in the heat of harvest. For afore the harvest, when the bud is perfect and the sour grape is ripening in the flower, he shall cut off the sprigs with pruning hooks and take away and cut down the branches.” (Is. 18:4-5)

    “And I will raise up for them a plant of renown, and they shall be no more consumed with hunger in the land, neither bear the shame of the heathen any more.” (Ezekiel 34:29)

    “One believeth that he may eat all things. Another…eateth herbs. … Let us not, therefore judge one another any more: but judge this rather, that no man put a stumbling block or an occasion to fall in his brother’s way. I know, and am persuaded by the Lord Jesus, that there is nothing unclean of itself: but to him that esteemeth anything to be unclean, to him it is unclean. For the kingdom of God is not meat and drink; but righteousness and peace and joy in the Holy Ghost.” (Epistle of St. Paul: Romans 14: 2,3,13,14,17)

    “And he showed me a pure river of water of life, clear as crystal, proceeding out of the throne of God and of the Lamb. In the midst of the street of it, and on either side of the river, was there the tree of life, which bare twelve manner of fruits, and yielding her fruit every month; and the leaves of the tree were for the healing of the nations.” (Rev. 22:1-2)

    and these:

    http://www.coctministry.com/

    http://en.wikipedia.org/wiki/Religious_and_spiritual_use_of_cannabis

    Finally: http://bible.ort.org/books/pentd2.asp?ACTION=displaypage&BOOK=2&CHAPTER=30#C

    The holy anointing oil contains Cannabis. Exodus 30:23

  • http://poeticobservations.wordpress.com/ Dabir Dalton

    Mike…

    And yet the Father above destroyed the sons of Eli when under the influence of alcohol {an intoxicant} they mixed common fire with the sacred fire kindled by the Father above himself. Who then expressly forbid the use of alcohol by the priesthood so it would not only be illogical but contrary to his righteousness to allow the internal consumption of another mind altering substance. Lev. 10:1-11

    Then it is written: “If any man defile the temple of God, him shall God destroy; for the temple of God is holy, which temple ye are.” 1 Corinthians 3:17.

    To defile the temple of God in this verse means ingesting anything into one’s body that alters the reasoning faculties of the mind and/or causes harm to the body and yes that includes THC, alcohol, nicotine and caffeine.

    Like many of those who seek to find a way to justify their cherished sin both in and out of the Bible your theory on the consumption of THC just doesn’t hold up.

  • http://poeticobservations.wordpress.com/ Dabir Dalton

    Re sons of Arron: I had intended to correct the typo Son’s of Eli with the sons of Arron….

  • http://www.google.com/profiles/mike.lasalle Mike LaSalle

    Does Jesus hate intoxicants?

    “He causeth the grass to grow for the cattle and herb for the service of man: that he may bring forth food out of the earth; And wine that maketh glad the heart of man and oil to make his face to shineth.” (Psalm 104:14-15)

    Wine to make us happy? Why would wine make you happy unless it were… “intoxicating” (to use your word, not mine).

    If the bible says that wine is useful to elevate the spirits of men, then as a Christian you have been given all the authority you need to oppose Caesar’s prohibition on Cannabis. Why on earth would the bible mention that Cannabis was used as an incense and an anointing oil if it were not to lift our spirits and bring us closer to the mind of God? Caesar has no say in this and neither do you. This is between me and my Religion. Do not tread on the First Amendment.

    And please don’t tell me how to practice my religion.

  • http://poeticobservations.wordpress.com/ Dabir Dalton

    Mike you can practice your religion anyway that you want and if my religion requires me to sacrifice a virgin in an active volcano to prevent global warming so be it since the practice of ones religion is protected under the constitution. I’ll be sure to give her plenty of THC so she’ll be so high she won’t feel a thing. However that won’t stop me from calling out someone on the intentional selective misuse of certain Bible texts in order to justify their cherish sin.

  • http://www.google.com/profiles/mike.lasalle Mike LaSalle

    Dabir Dalton said, “sacrifice a virgin”

    False analogy. If I grow a plant guaranteed to me by God Himself and use it in my ritual personal communications with God, this is not quite the same thing as robbing another human being of their life for ritual purposes.

    That analogy is obviously made by someone who doesn’t know the difference. If you don’t know the difference between religious liberty and murder, I think our conversation must be over.

  • http://poeticobservations.wordpress.com/ Dabir Dalton

    Actually Mike that was said tongue in cheek. On a more serious note God did order Abraham to sacrifice his son and that text along with the execution of Christ by the Romans at the Jews request can be misconstrued by anyone who wants to argue that the Bible supports human sacrifice. Just as you are misconstruing certain Bible texts in order to justify frying one’s brain with a mind altering substance as well as defying the laws of the land which the Bible also condemns…

  • http://www.google.com/profiles/mike.lasalle Mike LaSalle

    Dabir Dalton said, “God did order Abraham to sacrifice his son…”

    This is the second time you compared personal cannabis use to human sacrifice. To sum up your argument, “Human sacrifice is against the law for good reason, therefore it’s reasonable to assume any knowing violation of the law — even jay walking — is the moral equivalent of murder.”

    Right. Happy trails with that one.

    For the record, please don’t assume that I am advocating anything but controlled use of Cannabis for medical or spiritual purposes. This is at heart a constitutional question involving the free expression of religion for sincerely religious practitioners.

  • http://poeticobservations.wordpress.com/ Dabir Dalton

    Re:For the record, please don’t assume that I am advocating anything but controlled use of Cannabis for medical or spiritual purposes. This is at heart a constitutional question involving the free expression of religion for sincerely religious practitioners.
    ___________________________________________

    Yeah Right tell me another one…If that were true I’d have no problem in supporting you in that regard.

    However:

    The only way for the argument that legalizing Cannabis and other drugs which are currently banned by the state for individual use would bring an end to the illegal trade in drugs by gangs and other criminals to be valid. Would be for the Gov. to allow anyone who wanted to grow hemp and/or set up a drug lab on their property and produce any drug they wanted to consume.

    Hence the complete legalization of drugs for private individual manufacture and use is the only way to end the trade in illegal drugs.

  • RobertELegal

    Great article, however, I must, once again, voice my overwhelming opposition to this notion that marijuana must be taxed. Why? Why must marijuana be taxed? Why should I find it legitimate to fork over my hard earned money to the filthy pigs who orchestrated the drug war in the first place? Why do we automatically assume that tax revenues are guaranteed to be used in a legitimate, wholesome manner when, in fact, as the drug war proves on it’s face they are not.
    I am an adult. I don’t have to explain my behavior to anyone. I’m not hurting anyone and it’s not anyone’s business but my own what I smoke.
    I already have the right to smoke marijuana. The fact that it’s illegal doesn’t change that fact, it demonstrates we live in a tyrannical police state, but it doesn’t alter my rights in the least.
    Would someone explain to me why I have to pay some remote creep a fee to engage in an activity that costs other people nothing? Hello? I don’t pay taxes on the corn, tomatoes and green beans growing in my garden or even if I buy them in the store. Marijuana is no different. Wake up people! Enriching the jack booted morons who gave us the drug war via our tax dollars will almost certainly result in some other ghastly tyranny.

  • True Patriot

    Amen, brother! As a member of the LDS Church (Mormon for the lay person), I see nothing wrong with using a plant to relax. In fact, I think that is why GOD put it here on Earth. The “War on Drugs” is a farce and a money making scheme. It is time for people to be free to do what they choose. In the LDS Church we refer to this as “free agency”. Without freedom of choice, we are each forced to do as we are told. That makes us a collective slave to our governmental master. GOD did not intend for us to live this way.

  • Anonymous

    Political reality. As a practical matter we are given no representation without taxation.

    Once you start paying taxes, the lawmakers start actually listening to your concerns. The more tax money you bring in to city coffers, the more they care about your opinions. A case in point is Oakland California; you should check it out as a successful political business model for what I’m talking about.

    The solution to your issue is to allow for both the untaxed homegrown (and gifts), while taxing retail sales. Legally that is an easy structure to set up and it has a lot of regulatory precedence. Lots of products are treated this way, especially things already commonly thought of as the sacraments of various churches or religions, like wine and tobacco.

    I’d bet real money that priests and ministers actually buy their wine and communion wafers. I don’t believe they magically appear out of thin air. I bet they also pay taxes.

    Food is exempt from sales tax as a way to help the poor, but wine sure isn’t. Really, wouldn’t it be worth it to a whole lot of people to just pay the local sales tax if they can buy nice pot all repackaged and ready to smoke at retail stores?

    I think so.

  • Anonymous

    Political reality. As a practical matter we are given no representation without taxation.

    Once you start paying taxes, the lawmakers start actually listening to your concerns. The more tax money you bring in to city coffers, the more they care about your opinions. A case in point is Oakland California; you should check it out as a successful political business model for what I’m talking about.

    The solution to your issue is to allow for both the untaxed homegrown (and gifts), while taxing retail sales. Legally that is an easy structure to set up and it has a lot of regulatory precedence. Lots of products are treated this way, especially things already commonly thought of as the sacraments of various churches or religions, like wine and tobacco.

    I’d bet real money that priests and ministers actually buy their wine and communion wafers. I don’t believe they magically appear out of thin air. I bet they also pay taxes.

    Food is exempt from sales tax as a way to help the poor, but wine sure isn’t. Really, wouldn’t it be worth it to a whole lot of people to just pay the local sales tax if they can buy nice pot all repackaged and ready to smoke at retail stores?

    I think so.

  • Anonymous

    I was thinking of it as an equal treatment under the law kind of an issue,

    Inmates can sue to drink communion wine
    http://www.allbusiness.com/legal/1080512-1.html

    I have a vague recollection of someone telling me some people were using medical marijuana at the county jail, but I really can’t recall where I even heard it.

    Medical Marijuana in Prison
    http://forum.grasscity.com/medical-marijuana/558553-medical-marijuana-prison.html

    TravlinMan posted:

    SB420 – 11362.785.
    (a) Nothing in this article shall require any accommodation of any medical use of marijuana on the property or premises of any place of employment or during the hours of employment or on the property or premises of any jail, correctional facility, or other type of penal institution in which prisoners reside or persons under arrest are detained.

    (b) Notwithstanding subdivision (a), a person shall not be prohibited or prevented from obtaining and submitting the written information and documentation necessary to apply for an identification card on the basis that the person is incarcerated in a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained.

    (c) Nothing in this article shall prohibit a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest are detained, from permitting a prisoner or a person under arrest who has an identification card, to use marijuana for medical purposes under circumstances that will not endanger the health or safety of other prisoners or the security of the facility.






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