Oklevueha Native American Church of Hawaii, Inc. v. Holder

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 district court dismissed the claims for declaratory and injunctive relief on ripeness grounds. It also dismissed the claim for the return of, or compensation for, the seized marijuana because the marijuana had been destroyed and monetary damages are not available under RFRA. We affirm in part and reverse and remand in part.

I. Factual and Procedural…