JUDGE REJECTS RELIGIOUS GROUNDS AS BASIS FOR 35-JOINT-A-DAY HABIT

A federal judge has ruled that a Vancouver man was blowing smoke when
he claimed that he should be allowed to smoke up to seven grams of
marijuana - about 35 joints - every day for religious purposes.

Christopher Bennett is a member of the Church of the Universe, which
believes cannabis is the "tree of life." He tried to argue that
Canada's drug laws infringed upon his religious rights.

But in a detailed 21-page ruling, Judge Michel Shore said Bennett
failed to show that his marijuana consumption "has any nexus with religion."

"While the applicant has shown that his practice is based on the
belief that cannabis is the tree of life, this, in and of itself,
does not make it a religious practice," Shore wrote.

In an interview, Bennett, 49, said he has been using cannabis as a
religious sacrament for more than 20 years.

"It's not just some gimmick," he said. "By ingesting cannabis, we
share in this collective consciousness, which is an aspect of God.
That's a common belief in countless mystical traditions."

Bennett, a former "hippie surfer" in Ucluelet, started smoking
marijuana when he was 12.

In 1990, he joined the Church of the Universe after he had a
marijuana-induced "epiphany" that cannabis was the tree of life
referred to in the biblical Book of Revelation.

"It was the pivotal moment in my life," he said.

Since then, he has written or co-written three books about the use of
cannabis in various religions and in ancient history.

Google the words "Jesus" and "cannabis," there are scores of links, he noted.

Bennett said he has been a paid judge in cannabis competitions around
the world.

Bennett owns Urban Shaman, a Vancouver store that sells psychoactive
"magical and sacred plants," and makes appearances on the website
Pot.TV, which streams marijuana-related videos.

Bennett's clash with the government began in Febru-ary 2009, when he
wrote to the federal health minister seeking a "public interest"
exemption from the Controlled Drugs and Substances Act on religious grounds.

But officials with Health Canada's Office of Controlled Substances
denied his request.

Bennett turned to Federal Court for a second opinion.

In his ruling, Shore concluded that Bennett's marijuana consumption
amounted to a secular "lifestyle choice" that was not protected by
the charter right of freedom of religion.

The judge said while Bennett produced voluminous evidence of
religious uses of cannabis throughout history, the marijuana-related
practices of Rastafarians or Ethiopian Coptic Christians were irrelevant.

What was relevant, he said, was whether Bennett could tie his use of
marijuana to a comprehensive system of faith and worship. The judge
said Bennett had produced "almost no evidence" to show a connection,
other than to repeatedly say it helps him to "connect to the divine."

Bennett effectively smokes marijuana almost constantly, the judge
said, "no matter what the context [he even admitted to having smoked
marijuana before his cross-examination in this case].

"When asked why he requested an exemption to produce and possess
enough marijuana to consume seven grams of marijuana per day [as
opposed to some other quantity], the applicant did not point to any
religious reasons.

"Rather, he simply answered that he thought that such a quantity was
'pretty reasonable.' "

Bennett tried to argue that his liberty and equality rights would be
violated if he wasn't granted the exemption, citing the fact that
Canadians can lawfully use marijuana for medical reasons and
intravenous drug users in Vancouver can consume drugs at the Insite
safe-injection facility.

But the judge said both those exemptions were granted because they
protect health and public safety.

Bennett said he's contemplating an appeal of the "kangaroo court" decision.