OKLEVUEHA NATIVE AMERICAN CHURCH v. Holder

Michael Andrew Glenn, Low Cost Legal Services, Honolulu, HI, for the appellants.

James C. Luh, Lowell V. Sturgill, Jr., and Mark Stern, Department of Justice, Washington, DC, and Derrick K. Watson, Office of the United States Attorney, Honolulu, HI, for the appellees.

Before: ALFRED T. GOODWIN, STEPHEN S. TROTT, and MARY H. MURGUIA, Circuit Judges.

MURGUIA, Circuit Judge:

Plaintiffs Oklevueha Native American Church of Hawaii, Inc. ("Oklevueha") and Michael Rex Mooney a.k.a. Raging Bear appeal the district court's dismissal of their complaint and judgment in favor of Defendants the U.S. Attorney General, the Administrator of the U.S. Drug Enforcement Administration ("DEA"), and the U.S. Attorney for the District of Hawaii (collectively, "Government"). Plaintiffs' action seeks declaratory and injunctive relief barring the Government from enforcing the Controlled Substances Act ("CSA") against them and for return or compensation for marijuana taken by the Government. Plaintiffs allege that they consume marijuana as a "sacrament/eucharist" in their religious ceremonies, and that their use is protected by the First Amendment and the Religious Freedom Restoration Act ("RFRA"). The…