Peck
People v. Peck
Opinion
Opinion
Richli, J.
Defendant is a member of a church which uses marijuana as a sacrament. He was convicted of transportation of more than 28.5 grams of marijuana in violation of Health and Safety Code section 11360, subdivision (a), and of possession of marijuana for sale in violation of section 11359 of that code. His principal contention is that the court erred in rejecting his defense based on his right of free exercise of religion.
I
Factual and Procedural Background
Defendant was apprehended at the border patrol checkpoint in Temecula driving a car with 40 pounds of marijuana in the trunk. The marijuana was divided into bags of about one pound each. Cash in the amount of $2,350 was found under the dash cover. The wholesale value of the marijuana was about $40,000.
Defendant is president and a priest of the Israel Zion Coptic Church (IZCC). The IZCC has about 200 or 250 members. The IZCC is an offshoot of the Ethiopian Zion Coptic Church, commonly known as the Rastafarians.
The IZCC uses marijuana as a sacrament. The purpose of using the marijuana is to make the users aware of their sins. Typically, marijuana would be used approximately three times a day.