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

The Religious Freedom Restoration Act mandates that the federal government may not substantially burden a person’s religious exercise unless it uses the least restrictive means to further a compelling interest. We must decide whether the district court properly denied a church and its founder an exemption from federal laws prohibiting the possession and distribution of cannabis.

I

Michael Rex “Raging Bear” Mooney is the founder, president, and “Medicine Custodian” of Oklevueha Native American Church of Hawaii, Inc. (“Oklevueha”). According to Mooney and Oklevueha, members of the church “receive communion through cannabis in their religious ceremonies and daily worship.” Specifically, they assert that “Mooney uses cannabis sacrament daily, and [Oklevueha] uses cannabis in its ‘sweats,’ which occur approximately twice a month during the new moon and the full moon.” They further allege that Oklevueha’s primary purpose is “to administer Sacramental Ceremonies,” which include a “sweat lodge ceremony,” as well as peyote, breath, and pipe ceremonies. According to Mooney, these ceremonies “help people regain their relationship with the Creator,” and give participants a “direct…