DOJ

MEMORANDUM

Marc Perkel petitions for review of a final order issued by the Drug Enforcement Administration (DEA) denying his request for an exemption from the Controlled Substance Act (CSA) that would permit him and other members of the Church of Reality to possess and distribute marijuana. We deny the petition for review.

The CSA, 21 U.S.C. §§ 801-971 , classifies marijuana as a controlled substance and makes it unlawful to manufacture, distribute, dispense, or possess the drug except as otherwise provided in the statute. See Raich v. Gonzales, 500 F.3d 850, 854-55 (9th Cir.2007). Perkel contends that enforcement of the CSA against him and members of the Church of Reality violates the Religious Freedom Restoration Act (RFRA), 42 U.S.C. §§ 2000bb-l to 2000bb-4. RFRA “prohibits the Federal Government from substantially burdening a person’s exercise of religion, unless the Government demonstrates that application of the burden to the person represents the least restrictive means of advancing a compelling interest.” See Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418, 423 , 126 S.Ct. 1211 , 163 L.Ed.2d 1017 (2006) (citing 42 U.S.C. § 2000bb-l(b)) (internal…