SACRED HERB NO DEFENCE

Religion may be the reason our first Rastafarian MP gives for smoking dope
- - but it's no excuse in the eyes of the law.

Nandor Tanczos has taken the moral high ground with his vow to keep smoking
cannabis once a week. But a clutch of top criminal lawyers said yesterday
that the Green MP would fall to Earth with a thud if busted by police.

Auckland lawyer John Kovacevic, who has given advice to Mr Tanczos on the
issue, said the religion defence would fail in court. The Bill of Rights
and the Human Rights Act endorsed freedom of religion, but those pieces of
legislation were weaker than criminal law.

Any user of cannabis who pleaded not guilty on the basis of religion risked
a bigger penalty for failing to admit guilt. However, a judge could also
impose a softer sentence if swayed by the reason for smoking.

Auckland Crown Solicitor Simon Moore agreed, and mentioned that he had met
Mr Tanczos and considered him a top bloke.

"Religion wouldn't work, but Nandor's personal charm might."

Mr Tanczos would not comment on cannabis or his religion yesterday because
he felt he had already said enough in recent days.