Rubin

Craig X. Rubin asks us to hold that he may lawfully sell marijuana on a constitutional religious freedom theory. The answer is, no. Rubin was convicted by jury of selling marijuana (Health & Saf. Code, § 11360, subd. (a)) and possessing marijuana for sale (Health & Saf. Code, § 11359). The trial court granted probation on condition that he serve 90 days in the county jail. Appellant contends that the trial court erred in excluding reference to the Religious Freedom Restoration Act of 1993 (42 U.S.C. § 2000bb et seq.) and the United States Constitution as part of his religious freedom defense. Appellant makes a similar argument based on the California Constitution. We affirm.

Facts

On August 25, 2006, Los Angeles Police Officer Tracye Fields, an undercover narcotics investigator, visited a business named Temple 420 in Hollywood. Appellant introduced himself as the owner and said that Temple 420 was a church in which members could buy marijuana. Appellant had recently opened Temple 420 and planned to sell marijuana from vending machines. The front lobby had a cash register, a large display of water bongs and pipes, and drug paraphernalia and clothing. Neal Lipsky, a…