COURT OVERRULES CHURCH'S USE OF POT AS SACRAMENT

Says Founders Lack A 'Sincere' Religious Belief

A federal judge has ruled against the founders of a Southeastern
Arizona church that deifies marijuana and uses it as a sacrament,
saying they don't have a "sincere" religious belief.

In her refusal to dismiss charges against Dan and Mary Quaintance,
U.S. District Judge Judith C. Herrera in Albuquerque wrote that
evidence indicates the pair "adopted their 'religious' belief in
cannabis as a sacrament and deity in order to justify their lifestyle
choice to use marijuana."

Herrera's Dec. 22 order means the government's criminal case against
the Quaintances will proceed in the new year. The couple is scheduled
to go to trial on Jan. 16 on criminal charges of possessing more than
100 pounds of marijuana, as well as conspiracy charges.

"She doesn't fully understand our doctrine," Dan Quaintance said
Tuesday of Herrera's decision. "This is very upsetting to the members
of our church. It was quite a holiday present."

The Quaintances face up to 40 years each in prison if they are
convicted as charged. They expect to appeal the decision.

The couple was arrested with 172 pounds of marijuana on Feb. 22 in
Lordsburg, N.M., just seven days before the U.S. Supreme Court ruled
unanimously that a small religious group based in Santa Fe that
combines Christianity and American Indian practices could use
hallucinogenic tea in its ceremonies.

The tea, called hoasca, contains dimethyltryptamine, or DMT, known for
its hallucinogenic properties.

Members of the O Centro Espirita Beneficiente Uniao Do Vegetal, or
UDV, said using the hallucinogenic tea during worship helped them gain
union with God. The Supreme Court based its decision on the 1993
Religious Freedom Restoration Act, which says the government needs to
justify any action that would substantially burden people from
practicing their faith.

Citing the UDV case, the Quaintances asked that their charges be
dismissed. A three-day hearing on their request was held in
Albuquerque in August, and the Quaintances had been awaiting a
decision from Herrera since then.

The U.S. Constitution contains no legally recognizable definition of
religion, but courts still can apply a test of sincerity.

In her decision, Herrera cited evidence she said indicates the
Quaintances created the church to justify their belief that marijuana
should be legalized. "Defendants cannot avoid prosecution for illegal
conduct simply by transforming their lifestyle choices into a 'reli-
gion,' " she wrote.

The Church of Cognizance, which leaders say has "monasteries" in
members' homes nationwide, has a simple motto: "With good thoughts,
good words and good deeds, we honor marijuana; as the teacher, the
provider, the protector."

The Quaintances don't grow their sacrament but, rather, say they rely
on donations of it, which they pick up from church "couriers." That's
what they say they were about to do when they were arrested.

The pair say they founded their Church of Cognizance in Pima, Ariz.,
in 1991.

A "declaration of religious sentiment" on behalf of the Church of
Cognizance was filed with the Graham County Recorder's Office in 1994.
Until their arrest this year, the Quaintances had not faced any
criminal charges related to their church.

Free on bond, the Quaintances continue to live in Pima, about 90 miles
northeast of Tucson, though they remain under court supervision and
must submit to regular urine tests. Prior to their arrest, the couple
say they smoked or ingested marijuana daily.

In court documents, prosecutors from the U.S. Attorney's Office said
the Quaintances are "obsessed and focused on marijuana," and Dan
Quaintance's writings about his worship are "disjointed, poorly
supported, illogical ramblings."

Dan Quaintance, 54, said the church has 40 to 50 members in Arizona,
but he cannot estimate how many there are nationwide. Members must be
18 to join. Since the case became public this summer, more people have
been inquiring about joining the church, he said.

Both Dan and Mary, who is 51, stepped down as leaders of the church
following their arrests. But the couple hope to one day resume what
they view as their worship.

"Normally on Christmas we would have shared the herb with our friends
and church members," Dan Quaintance said.

"Instead we had presents. We were a little empty. ... What's happening
to us is a clear violation of the U.S. Constitution. It's clear we are
sincere."