POT AT CENTER OF CHURCH LAWSUIT

A Calaveras County church that considers marijuana a sacrament
contends that it was unfairly required to get a business license
because of its religious beliefs.

Northern Lights Church of Wallace and its founder, David A. Jack,
filed a civil rights lawsuit against the county in U.S. District Court
in Fresno Nov. 6. The defendants include the members of the county
Board of Supervisors.

County Counsel Spencer Batchelder declined to comment, saying the
county never publicly discusses pending litigation.

Northern Lights Church is affiliated with the Universal Life Church, a
Modesto-based organization famous for providing ministry credentials
through the mail.

Northern Lights used to attract 25 people to weekly services, Jack
said. But the congregation disbanded last fall because of problems
with the business license, he said.

The church was required to get the license after county sheriff's
deputies raided it in August 2000 and found 300 marijuana plants and
growing equipment. Marijuana cultivation charges were filed against
two church ministers who have since left the congregation.

The church had provided marijuana to people who needed it for medical
reasons, Jack said, such as cancer patients who were trying to relieve
nausea.

Jack explained the church considers cannabis a holy herb and also
encourages its nonsmoking use in the form of such objects as clothing,
paper and shampoo.

He said he applied for a business license last fall to operate the
church out of a private home. The county accepted his application but
placed several restrictions on it.

According to the lawsuit, Jack was prohibited from holding services at
the home and could only use it as a church office. In addition, the
lawsuit said, the county barred him from putting up a cross.

When the church's business license expired, the county refused to
issue it a new one because Jack did not provide an IRS tax
identification number, the lawsuit said. Jack said churches do not
have to provide such information.

He also said that he called several other Calaveras County churches
and found that they weren't required to get a business license.

Andre Hensley, office manager at Universal Life Church headquarters in
Modesto, said he doesn't condone the use of marijuana as a sacrament.

But he said it appears that Northern Lights Church was unfairly
harassed. The congregation should face the same government
restrictions as any other church, he said.

"They shouldn't have to go through all of this," Hensley
said.