THCv Petition to the Inter-American Commission on Human Rights (IACHR)

If the DEA denies our RFRA Exemption Request we will be sending in this Petition to the Inter-American Commission on Human Rights. And I sent a copy of this to the DEA letting them know that if they deny the Request, I will take their Final Judgement to the IACHR. This can also be used as a Template for others.

 

How to File

http://www.oas.org/en/iachr/docs/pdf/HowTo.pdf

Petition

The Shaivite Temple of Colorado

V

The United States

(The Drug Enforcement Agency, the US Attorney General and the State of Texas)

 

 

The United States Government is responsible in Action, Acquiescence and Omission for violations Human Rights (for lack of a better term: “Witch Hunting”) of Members and Practitioners of various Religious Beliefs. This action is being brought under the UN Declaration of Human Rights, Article 18; and the American Declaration of the Rights and Duties of Man, Article 13. Privacy and Dignity related rights could also be applied, but are not a constant physical threat to practitioners of these faiths, as are the other violations. I have exhausted all Remedies: I filed an Administrative Claim with the DEA, I filed a Lawsuit in a Federal Court in Dallas which has been improperly delayed, and I submitted an RFRA Exemption Request to the DEA, as per their Guidelines.

 

The American Declaration of the Rights and Duties of Man

Article 13- Right to the Benefits of Culture

Every person has the right to take part in the cultural life of the community, to enjoy the arts, and to participate in the benefits that result from intellectual progress, especially scientific discoveries. He likewise has the right to the protection of his moral and material interests as regards his inventions or any literary, scientific or artistic works of which he is the author.

 

Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. Doc A/810 at 71 (1948).

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

 

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976.

Article 18

  1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
  2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

 

Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, G.A. res. 36/55, 36 U.N. GAOR Supp. (No. 51) at 171, U.N. Doc. A/36/684 (1981).

Article 1

  1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
  2. No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.

Article 2

  1. No one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief.
  2. For the purposes of the present Declaration, the expression “intolerance and discrimination based on religion or belief” means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.

Article 4

  1. All States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life.
  2. All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter.

 Article 6

In accordance with article I of the present Declaration, and subject to the provisions of article 1, paragraph 3, the right to freedom of thought, conscience, religion or belief shall include, inter alia, the following freedoms:

(a) To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes;

(b) To establish and maintain appropriate charitable or humanitarian institutions;

(c) To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief;

(d) To write, issue and disseminate relevant publications in these areas;

(e) To teach a religion or belief in places suitable for these purposes;

(f) To solicit and receive voluntary financial and other contributions from individuals and institutions;

(g) To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief;

(h) To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one’s religion or belief;

(i) To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels.

Article 7

The rights and freedoms set forth in the present Declaration shall be accorded in national legislation in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice.

 

Special Rapporteur on freedom of religion or belief (1986)

The Special Rapporteur has been mandated through Human Rights Council resolution 6/37

  1. Condemns all forms of intolerance and of discrimination based on religion or belief as well as violations of the freedom of thought, conscience, religion or belief;
  2. Recognizes with deep concern the overall rise in instances of intolerance and violence directed against members of many religious and other communities in various parts of the world, including cases motivated by Islamophobia, anti-Semitism and Christianophobia;
  3. Expresses concern over the persistence of institutionalized or social intolerance and discrimination practiced against many in the name of or due to their religion or belief;
  4. Recalls that legal procedures pertaining to religious or belief-based groups and places of worship are not a prerequisite for the exercise of the right to manifest one’s religion or belief;
  5. Emphasizes that such procedures as described in paragraph 4 above, at the national or local levels, as and when legally required, should be nondiscriminatory in order to contribute to the effective protection of the right of all persons to practise their religion or belief either individually or in community with others and in public or private;

  1. Emphasizes that promoting tolerance and acceptance by the public of and its respect for diversity and combating all forms of intolerance and of discrimination based on religion and belief are substantial elements in creating an environment conducive to the full enjoyment by all of the right to freedom of thought, conscience and religion, as enshrined in article 18 of the International Covenant on Civil and Political Rights;
  2. Urges States:

 ( a) To ensure that their constitutional and legislative systems provide adequate and effective guarantees of freedom of thought, conscience, religion and belief to all without distinction, inter alia, by the provision of effective remedies in cases where the right to freedom of thought, conscience, religion or belief, or the right to practice freely one’s religion, including the right to change one’s religion or belief, is violated;

 …

 ( c) To ensure that appropriate measures are taken in order to adequately and effectively guarantee the freedom of religion or belief of women as well as individuals from other vulnerable groups, including persons deprived of their liberty, refugees, children, persons belonging to minorities and migrants;

 ( e) To exert the utmost efforts, in accordance with their national legislation and in conformity with international human rights and humanitarian law, to ensure that religious places, sites, shrines and symbols are fully respected and protected and to take additional measures in cases where they are vulnerable to desecration or destruction;

( f) To review, whenever relevant, existing registration practices in order to ensure the right of all persons to manifest their religion or belief, alone or in community with others and in public or in private;

 ( g) To ensure, in particular, the right of all persons to worship or assemble in connection with a religion or belief and to establish and maintain places for these purposes and the right of all persons to write, issue and disseminate relevant publications in these areas;

(j) To ensure that all public officials and civil servants, including members of law enforcement bodies, the military and educators, in the course of their official duties, respect different religions and beliefs and do not discriminate on the grounds of religion or belief, and that all necessary and appropriate education or training is provided; 

 

Human Rights Committee, General Comment 22, Article 18 (Forty-eighth session, 1993). Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 at 35 (1994).

  1. Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms “belief” and “religion” are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reason, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility on the part of a predominant religious community.
  2. Article 18 distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief. It does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one’s choice. These freedoms are protected unconditionally, as is the right of everyone to hold opinions without interference in article 19.1. In accordance with articles 18.2 and 17, no one can be compelled to reveal his thoughts or adherence to a religion or belief.
  3. The freedom to manifest religion or belief may be exercised “either individually or in community with others and in public or private”. The freedom to manifest religion or belief in worship, observance, practice and teaching encompasses a broad range of acts. The concept of worship extends to ritual and ceremonial acts giving direct expression to belief, as well as various practices integral to such acts, including the building of places of worship, the use of ritual formulae and objects, the display of symbols, and the observance of holidays and days of rest. The observance and practice of religion or belief may include not only ceremonial acts but also such customs as the observance of dietary regulations, the wearing of distinctive clothing or headcoverings, participation in rituals associated with certain stages of life, and the use of a particular language customarily spoken by a group. In addition, the practice and teaching of religion or belief includes acts integral to the conduct by religious groups of their basic affairs, such as the freedom to choose their religious leaders, priests and teachers, the freedom to establish seminaries or religious schools and the freedom to prepare and distribute religious texts or publications.
  4. The Committee observes that the freedom to “have or to adopt” a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one’s current religion or belief with another or to adopt atheistic views, as well as the right to retain one’s religion or belief. Article 18.2 bars coercion that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert. Policies or practices having the same intention or effect, such as, for example, those restricting access to education, medical care, employment or the rights guaranteed by article 25 and other provisions of the Covenant, are similarly inconsistent with article 18.2. The same protection is enjoyed by holders of all beliefs of a non-religious nature.

 

 

 

 

 

The Shaivite Temple

Our Religious Practice is currently burdened by our inability to do any of this Legally under Federal Law. One of our Temples has been raided in the past, at XXXXXXXXXXX, Mckinney, TX, 75070 in 2010, we moved to Colorado as Refugees during that time; and the State withdrew from the case and the case was dismissed in 2015 after Rev. Ryan “Sasha” Gallagher returned to present the case. But in 2012 his 12 year old brother (Mason Ryan Wight) died from Brain Edema, and could have been saved by Cannabinoids (evidence of Edema reversing qualities attached, his Death Certificate can also be provided).

 

Hinduism has existed since at least 4500 years ago, and is the only Major World Religion which has existed for that long, and the Population of India has never been replaced by an Invading Population or their Temples destroyed by such an Invading Population. Pashupati, an early version of Shiva (whose is still Worshipped and whose Temples are still used today) existed even in the Indus Valley Civilization. In the most Ancient Hindu Text, the Text we use, known as the Rig Veda; a Sacred “Drug” called Soma is mentioned over and over. Soma is mentioned to be a plant from which an extraction is created, 4500 years ago in the texts they specifically used a Wool Sieve. Marijuana is currently the most commonly accepted form of Soma throughout the Indian Subcontinent, and is used regularly as the Sacred Soma plant.

 

Our belief system involves a Series of Gods, primarily those that are either forms of Shiva, or closely associated with Shiva, such as his wife Parvati. We believe that Shiva is the Supreme Lord of the Universe, and that Cannabis or Marijuana is his Physical form on Earth; similarly to Agni being manifested as Fire, or Surya being manifested as the Sun, or Kali being Manifested in Cremation, or even Jesus being manifested in Wine and Bread. We believe in Fasting and Meditation as Spiritual Practices well. As Sadhus, derived from the word Sadhana (meaning: Spiritual Practice), our Priests study Religion and History from all over the World. We believe in studying Chemistry and Neuroscience in order to better understand the Plants and World around us, and growing various Non-Scheduled Plants in the name of various Gods.

 

Our structure is based on Initiation Rites, and Rituals involve the Procedures used in Manufacturing and Breeding for THCv, as well as various Ceremonial Rites involving outdoor Fire Pits and various plants. Holidays are based on the Cycle of the Sun, the Cycle of the Moon, the Seasons, and various Memorial Occasions; and happen on almost a Weekly basis. The Temple is currently located in Rev. Ryan “Sasha” Gallagher’s home, at XXXXXXXXXXX, Aurora, CO, 80013; but we intend to get a larger place of Worship soon. The Temple is currently a Non-Profit Organization in Colorado and is operated like a Trust (currently solely for the purpose of breeding THCv strains for Religious Use), with Rev. Ryan “Sasha” Gallagher as the sole Owner. As is mentioned later, Congress has caused Religious Institutions such as ours to operate in Secret; Church of the Holy Light of the Queen v. Mukasey, 615 F. Supp. 2d 1210 (D. Or. 2009).

 

“There is a part of us that longs for something tangible [that reminds us of, and connects us to God, Grace, & Spirit], that….interacts with the senses. The sacraments, those sacred mixtures of matter and the Holy Spirit, fulfill that need.”

From: ‘The Sacramentals: What are they?’ Regina Doman

 

All Sacrament(s) – being ‘Sacred Food’ – offered by the Shaivite Temple is not a ‘drug’ as defined under 21 U.S.C., Title 21, §321(g)(1) of the FD&C Act which defines a drug as an ‘article that is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals and articles (other than food) intended to affect the structure or function of the body of man or other animals.’

 

“The term “religious exercise” includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief”, see 42 U.S. Code § 2000cc–5 (7) (a). “the general characteristics of Schedule I substances cannot carry the day”, see Gonzales v. O Centro Espírita Beneficente União do Vegetal 546 U.S. 418 (2006); Church of Holy Light of the Queen V. Eric Holder, Jr., No. 13-35058 (9th Cir. 2014). “Congress must first enact a law criminalizing an activity, attach a penalty, and give the Federal courts Jurisdiction”, see Hudson v. United States 522 U.S. 93 (1997). “Congress shall make no laws prohibiting the Free Exercise of Religion”, see FREE EXERCISE CLAUSE, I AMENDMENT. “If a Government confronts an individual with a choice that pressures the individual to forgo a Religious practice, whether by imposing a penalty or withholding a benefit, then the Government has burdened the individuals free Religious Exercise.”, see Sherbert v. Verner 374 U.S. 398 (1963).  “Even neutral laws can be used unconstitutionally”, see Yick Wo v. Hopkins 118 U.S. 356 (1886); 42 U.S. Code § 2000bb (a) (2). “failing to accommodate petitioners’ exercise of their “nonmainstream” religions in a variety of ways”, see Cutter v. Wilkinson, 544 U.S. 709 (2005). “conduct business in accordance with their religious beliefs”, see Burwell v. Hobby Lobby Stores, Inc. 573 U.S. _ (2014).

 

For Information on Hindu Temple Hierarchical Structures, refer to this New York Supreme Court Case

Hindu Temple Society of North America v. New York Supreme Court

 

The Latin phrase SUB ROSA means “under the rose”, and is used in English to denote secrecy or confidentiality, similar to the Chatham House Rule. The literal rose and its essence or attar has also played a role in religious and spiritual rites which often would have been held in secret.

Persecution under the modern ULTRA VIRES actions of the US Congress has forced many religions and religious practitioners to operate SUB ROSA or in CLANDESTINE settings AB INVITO, in violation of the FREE EXERCISE CLAUSE which is AD GRAVE DAMNUM to these Religions, see Church of the Lukumi Babalu Aye, Inc. v. Hialeah 508 U.S. 520 (1993). During this time of ULTRA VIRES, CAUSA SINE QUA NON religious practitioners have been CASTIGATED, COERCED and brought to CARCER with no method of ASYLUM established. CESSANTE CAUSA.

 

 

Shaivite Temple Rites of Beneficence

 

PREAMBLE

 

I: Expectant and/or nursing Parishioners should not partake Molecular Sacrament.

 

II: Parishioners undergoing pharmaco-therapy for a physical or neurological condition are advised to consult with the prescribing physician before partaking Molecular Sacrament. 

 

III. The ingestion of Molecular Sacrament is not without risk; the ingestion of any given substance necessarily and inevitably is associated with some degree of risk including medical complication(s) that may result in hospitalization and/or death. Each individual assumes the risk associated with the use of Molecular Sacrament and agrees to indemnify and hold harmless Shaivite Temple, its Pastor, and any affiliates, suppliers or other associated individuals, corporations or entities for any loss, dames, medical complication, hospitalization, or death that may arise from the use of Molecular Sacrament.

 

IV: Molecular Sacrament, as a physical form of Shiva, are offered, and intended for, the discovery and realization of their Inherent Beneficence including the fosterance of a heightened awareness of The Divine Creator(s)/The Grand Architect(s)/God & Grace; the promotion of more joyful relationships; and the cultivation of greater appreciation of the Magnificent Beauty, Immeasurable Worth & Miraculous Nature of Ourselves, of Others, of the Planet Earth & of the Greater Cosmos.

 

V: Molecular Sacrament are instruments for discovery and development of the ability to constructively and lovingly experience and process the infinite and ever-changing range of emotional, psychological, and spiritual states; Molecular Sacrament do not provide for ‘temporary escape’ from Existence nor do Molecular Sacrament foster or support the avoidance, masking, or concealing of difficult emotions, unpleasant psychological states, and/or moments of spiritual unrest; partaking Molecular Sacrament for such purposes shall be unfruitful.

  

VI: Reverent, and proper, partakence of Molecular Sacrament shall not increase the likelihood of harm to any person, creature, or property.

 

VII: Reverent, and proper, partakence of Molecular Sacrament shall augment, rather than diminish, the miraculous gift of being able to regulate one’s action(s)/behavior(s).

 

VIII: The privilege of access to Molecular Sacrament thru the Shaivite Temple shall be forfeited for an indeterminate period of time in the event that the Parishioner:

  1. Signals a willful intent to disregard Rites of Beneficence – or is known to have done so.
  2. Is known to have caused or aided in the partakence of Molecular Sacrament by any person or without His or Her express knowledge & informed consent.

**********************************************************************

  1. Through and by the Infinitely Wise Design of The Divine Creator(s) /The Grand Architect(s)/God, partaking Molecular Sacrament by means of oral ingestion (swallowing) usually provides for Optimal Beneficence. Alternative methods of partakence should be avoided (unless justified by a specific circumstance/condition such as gastro-intestinal unrest).

 

  1. References to Model Partakence provide guidance for realizing Optimal Beneficence in partaking Molecular Sacrament; Parishioners are encouraged to adjust partakence to their individual case(s) and arrive at the least amount of Sacrament sufficient to realize the desired Beneficent effect(s)/outcome(s). 

 

  1. If You believe you are having an undesirable response from partaking Molecular Sacrament rather than enjoying Beneficence, either reduce, or discontinue partakence.

 

  1. Partaking, in a single instance, an amount greater than three times (3x) that of Model Partakence is strongly discouraged. If it is deemed You have willfully mis-used or if there is reason to believe You intend to deliberately misuse Molecular Sacrament your privilege of access to Molecular Sacrament shall be forfeited for an indeterminate period of time. 

 

  1. The achievement of Optimal Beneficence of Molecular Sacrament is best realized and maintained by engaging in at least one (1) day of mindful abstinence in any seven (7) day period – and by limiting partakence of any single given Molecular Sacrament according to the ‘For Optimal Beneficence’ guidance provided with the educational insert that accompanies any given Molecular Sacrament.  Partakence in excess of the provided guidances tends to detract from Beneficence and is discouraged. 

 

  1. Partakence of two (2) or more types of Molecular Sacrament together, at the same time (e.g. EASE & BRIGHT), is generally advised against; doing so should be approached with great care.

 

  1. Partakence of Molecular Sacrament by means of insufflation (snorting), and/or by burning and inhaling is strongly discouraged and should only be utilized when justifiable circumstances to do so exist.

 

  1. Partakence of Molecular Sacrament™ by means of injection into the body/bloodstream shall only be acceptable if justified by medical circumstances & done under medical supervision.

 

  1. Beneficence of Molecular Sacrament may be amplified by partaking together with others in Fellowship & Goodwill. 

 

  1. Under no circumstance should You make it so that another Human Being partakes Molecular Sacrament without His/Her express knowledge and fully informed consent.

 

  1. Partaking alcohol in conjunction with Molecular Sacrament in other than modest amounts, is strongly discouraged – as alcohol tends to interfere with the realization of Optimal Beneficence . 

 

  1. Do not drive or operate any type of machinery or heavy equipment after partaking Molecular Sacrament until You have become familiar with the various dimensions and aspects of Beneficence and are certain You are able to do so without increasing the likelihood of putting Yourself and/or Others in harms way. 

 

  1. Partaking modest amounts of water (most preferably) and/or other liquids that do not contain alcohol at regular intervals before, during, & after partaking Molecular Sacrament aids in the realization of Optimal Beneficence.

 

  1. For reasons that remain largely unknown to the neurosciences, Female Human Beings (i.e. Goddesses in Human Form) tend to be more sensitive to partakence of Molecular Sacrament, and therefore may realize Optimal Beneficence by partaking smaller amounts of Molecular Sacrament than their male counterparts.

 

  1. Before partaking Molecular Sacrament reflect upon your familiarity with Molecular Sacrament, your mind-set, your setting/surroundings & your purpose for partaking Molecular Sacrament.

 

  1. At all times, & in all places, treat Yourself & Others Kind & Bright.

 

  1. In All Things Give Thanks – Especially things You do not like.

 

  1. Remind Yourself each & every day of the Miraculous& Wondrous nature of Your Own Being & of Your Innermost, Immeasurable Beauty; as well as that of Everyone & Everything surrounding You. 

 

  1. Give Thanks each & every day to The Divine Creator(s)/The Grand Architect(s)/God & Grace who gave You Life & provide Each of Us with an Ever-Wondrous Planet Earth & Universal Galaxseas in which to Swim, live, discover and above all love.

 

 

Our primary Sacrament is not listed on the UN Psychotropics Treaty

 

THCv

 

First, just to address Standing. I have been a Hindu Shaivite Minister since 2009, and have been Hindu since 2005. I follow and teach the lessons of the Rig Veda. You do not have to be from India to be Hindu, Shiva is not Racist, Marijuana is not Racist. And we are breeding African Strains in order to create THCv Strains, similarly to the “Low THC” strains containing high CBD in Texas and Louisiana, we will be growing “Low THC” strains containing high THCv.  THCv suppresses appetite, and is used by Priests of the Shaivite Temple for fasting, as well as a Eucharist within the Church.

 

Here is a page on a US Government Website that explains the Religion and its Historicity

https://www.ncbi.nlm.nih.gov/pubmed/22742944

“…Cannabis Indica has been used for literally thousands of years in the worship of the god Shiva. Cannabis is used in an orally administered form called bhang which can be either the wet resinous leaves formed into pills of a drink made of milk, cannabis, and various spices consumed by worshipers of Shiva on festival days or by smoking the flowering buds of cannabis-a practice generally reserved for holy men who dedicate their lives to ascetic practice and the worship of Shiva. This practice is codified in the Vedas as well as in legends about the origin of cannabis and its relationship to Shiva.”

 

The Encyclopedia of Religion, used in the Case Church of Lukumi Babalu Aye V City of Hialeah, Vol. 6 covers the Holiday known as Holi, and Marijuana Consumption during that Holiday

Vol. 6
http://e-reading.club/bookreader.php/133758/Jones_-_Encyclopedia_of_religion._vol._06_of_14_%28GODDESS_WORSHIP_-_ICONOCLASM%29.pdf

 

 

United States Constitutional Rights Violated

 

First Cause of Action. According to the Supreme Court, Schedule I substances are not enough to bar a substance from Religious Use. The wording they used is that calling a substance Schedule I as an argument against Religious use “can not carry the day”.

https://supreme.justia.com/cases/federal/us/546/418/

 

Laws must be Neutral and can not Overtly or Covertly ban Religions. The DEA allows large corporations to Manufacture, Import and Posses Schedule I and II Substances using DEA form 225, protocol can be found in 21 CFR 1301.18, the Constitution allows the regulation of Commerce, but not the Regulation of Religion. The Controlled Substances Act is not a Neutral Law.

https://supreme.justia.com/cases/federal/us/508/520/case.html

http://law.justia.com/cases/federal/appellate-courts/cadc/02-1211/02-1211a-2011-03-24.html

 

Second cause of Action, Gerrymandering causing Death. Cannaninoids have been proven to have various uses, such as reducing edema, but Hospitals even in Medical Marijuana States are unwilling to use Marijuana products on patients. Doctors are either Unable or Unwilling to retrieve Cannabinoids for this purpose due to the current operations of the DEA. The University of Mississippi was a protected Monopoly until August 2016 for Marijuana, at which time the DEA admitted it was allowing this Monopoly and opened up registration to more companies. Mallinckdrot has been allowed to Synthesize Tetrahydrocannabinoids (THC derivatives) but, due to this Gerrymandering, Hospitals do not have access.

https://www.federalregister.gov/documents/2016/08/12/2016-17955/applications-to-become-registered-under-the-controlled-substances-act-to-manufacture-marijuana-to

https://www.deadiversion.usdoj.gov/fed_regs/manufact/reg/2016/index.html

https://www.deadiversion.usdoj.gov/fed_regs/imprt/app/2016/index.html

https://www.justice.gov/atr/memorandum-antitrust-division-united-states-department-justice-amicus-curiae-support-application

 

Third Cause of Action, laws are not Amendments. And if we look at the Volstead Act, the Act of Congress which made Alcohol Prohibition (the 18th Amendment) an actual Enforced Law; the Volstead Act included Religious Exemptions for Alcohol use. You can not stop people from using their Sacraments, Celebrating their Festivals, and Consuming the Body of their Lords and Saviors.

http://mdk12.msde.maryland.gov/instruction/curriculum/social_studies/ne/ne_volstead.pdf

 

KEY POINT

 

The UN Psychotropics Convention Does Not Cover Various Substances and the United States Government continues to arrest, attack, kill, maim, and hunt Religious Practitioners using these Substances which are not listed on the UN Psychotropics Conventionm even after being told to stop by the US Supreme Court in Gonzales V O Centro. This is the Modern American Witch Hunt. In the case of the Shaivite Temple of Colorado, it is primarily THCv.

THCv

alpha-Ethyltryptamine (a-ET)

alpha-Methyltryptamine (a-MT)

5-Methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT)

5-Methoxy-N,N-Dimethyltryptamine (5-MeO-DMT)

2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine (2C-I)

2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine (2C-E)

2C-B

2-(2,5-Dimethoxy-4-methylphenyl) ethanamine (2C-D)

2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N)

2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine (2C-P)

2C-F

2C-G

4-OH-DET

4-OH-MET

4-OH-MIPT

5-MeO-MIPT

ETH-LAD

AL-LAD

DPT

MXE

6-APB

 

Gonzales v. O Centro Espírita Beneficente União do Vegetal 546 U.S. 418 (2006)

They show that the Government can demonstrate a compelling interest in uniform application of a particular program by offering evidence that granting the requested religious accommodations would seriously compromise its ability to administer the program. Here the Government’s uniformity argument rests not so much on the particular statutory program at issue as on slippery slope concerns that could be invoked in response to any RFRA claim for an exception to a generally applicable law, i.e., “if I make an exception for you, I’ll have to make one for everybody, so no exceptions.” But RFRA operates by mandating consideration, under the compelling interest test, of exceptions to “rule[s] of general applicability.” §2000bb–1(a). Congress’ determination that the legislated test is “workable … for striking sensible balances between religious liberty and competing prior governmental interests,” §200bb(a)(5), finds support in Sherbert, supra, at 407, and Cutter v. Wilkinson, 544 U. S. ___, ___. While there may be instances where a need for uniformity precludes the recognition of exceptions to generally applicable laws under RFRA, it would be surprising to find that this was such a case, given the longstanding peyote exemption and the fact that the very reason Congress enacted RFRA was to respond to a decision denying a claimed right to sacramental use of a controlled substance. The Government has not shown that granting the UDV an exemption would cause the kind of administrative harm recognized as a compelling interest in, e.g., Lee. It cannot now compensate for its failure to convince the District Court as to its health or diversion concerns with the bold argument that there can be no RFRA exceptions at all to the Controlled Substances Act. Pp. 13–16.

 

And further, the DEA allows Corporations to Manufacture, Import, and Distribute Schedule I and II Substances such as Marijuana and Cannabinoids using DEA form 225 (as pointed out by the Supreme Court in Gonzales V O Centro). And various States such as Colorado have created Recreational and Medical Exemptions, but no Religious Exemptions. The link below provides the DEA guidelines for receiving a Religious Exemption, which is the form submitted to the DEA by the Shaivite Temple of Colorado

https://www.deadiversion.usdoj.gov/pubs/rfra_exempt012209.pdf

 

In the State of Texas, after the arrest in 2010, they attempted to give Rev. Ryan “Sasha” Gallagher a Felony, which was dropped as soon as it was looked at by a Judge in an Examination Trial. For 6 Years after that Rev. Ryan “Sasha” Gallagher was unable to pass Background Checks, and did not discover until 2015 that the Municipality of Mckinney Texas had dropped the Felony, but had not erased the record, but instead set the record as “Inmate Released”, causing 6 Years of Hardship before it was corrected. Then the Misdemeanor Possession Charge at the center of that case, which was received for Possession of a Sacrament on Personal Property, and discovered by Police without Warrant or Invitation onto the Property; was dismissed, and the case dropped in 2015 when the State withdrew from the Case. But the Judge Refused to change the Disposition of the Case to reflect that it had been dismissed, and it still does not reflect the final decision of “Dismissed”. Then while fighting this case, and spending 40 days in Jail before going to court and receiving a Dismissal, Rev. Ryan “Sasha” Gallagher was told that he could not attend Religious Services within the Jail, and upon filing suit, Rev. Ryan “Sasha” Gallagher was Sanctioned by the Court, after being Refused the ability to Subpoena Documents from the County Jail Grievance System which prove his case via a discussion between him and the Programs Director of the Jail. Rev. Ryan “Sasha” Gallagher has no Record of Convictions, but they will not change the Disposition to Reflect the actual outcome of the case, and the Municipal and Federal Courts will not allow a response, after a 6 year Court Battle to get them to drop the case in the first place.

 

And further, in 2015 Rev. Ryan “Sasha” Gallagher filed an Administrative Claim with the DEA, and in March 2017 Filed Suit against the DEA in the Federal Court in Dallas against the DEA, including the acts of the City of Mckinney, who simply believe that they were acting in pursuance of the Controlled Substance Act, so are not to blame (Acquiescence and Omission of the DEA, Omission Regarding it’s RFRA Exemption Process). And the Federal Court has sat on it since March 2017, so the City of Mckinney and the Federal Court in Dallas have both denied our Temple Equal and Meaningful access to the State and Federal Courts.

 

 

 

 

Contact Info

Rev. Ryan “Sasha” Gallagher

MahatmaJapa@gmail.com

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