MINISTER CALLS POT A SACRAMENT

Clergyman Based in Hollywood Says Marijuana 'Is the Tree of Life
Mentioned in the Bible'

LOS ANGELES -- A minister with mail order credentials who faces drug
charges for distributing marijuana through his Hollywood church
argued unsuccessfully this week that federal law protects his use of
the drug because he believes it is a religious sacrament.

The Rev. Craig Rubin, 41, the leader of the 420 Temple who has
appeared in episodes of the Showtime comedy "Weeds," faces as many as
seven years in prison if convicted of possessing marijuana for sale.
Jury selection was to begin Wednesday.

He and about 400 members of his church believe marijuana is a
religious sacrament and burn and smoke it during services.

"We feel pot is the tree of life mentioned in the Bible, so it is
incorporated into the ceremony," Rubin said before the hearing began.

Though he was ordained in 1990 by the Universal Life Church -- which,
for a fee, will ordain anyone -- police and prosecutors describe
Rubin as a drug dealer. The Beverly Hills-born minister was arrested
last fall and freed after posting $20,000 bail.

Rubin, who is representing himself, has asserted his protection under
the Religious Freedom Restoration Act -- a 1993 federal law designed
to prevent government from imposing laws that restrict religious freedoms.

During Tuesday's hearing, however, Superior Court Judge Mary Strobel
ruled that Rubin could not use the federal law as a defense because
he faces only state charges.

Rubin told the judge he would file a writ challenging her ruling and
would consider a plea deal if it stands.

"I have to get myself a private lawyer," Rubin said in an interview
afterward. "I'm getting knocked around in there."

Both the defense and the prosecution said they could not find any
cases in California where marijuana use was found acceptable on
religious grounds. Deputy district attorney Bob Chen seemed astounded
that Rubin has never denied possessing and distributing the marijuana.

"It seems to me he is conceding that at this temple, they were
selling marijuana," he said.

Rubin, wearing a red tie and neat pinstriped black suit, nodded and smiled.

Rubin alleges federal agents joined police on the November raid and
that authorities used excessive force when arresting congregants. The
federal law mandates that police, when there is a compelling
government interest, may intervene using "the least restrictive"
means. Rubin said he will testify that an officer held a shotgun to
his head during the bust.

Rubin, a UCLA graduate with no legal experience, fluently cited prior
cases and appeared to answer the judge's questions to her satisfaction.

A lawyer consulting on his case commended his legal acuity.

On Monday, however, Rubin was unaware he would be called to select a
jury. He said he spent the weekend praying and smoking with Indians
in a sweat lodge at the bottom of the Grand Canyon.