JUDGE TAKES HIGH ROAD IN POT RULING

B.C. Man Failed to Prove Marijuana Use Served Religious Purpose, Judge Rules

VANCOUVER - A federal judge has ruled that a Vancouver man was
blowing smoke when he claimed that he should be allowed to smoke up
to seven grams of marijuana - about 35 joints - every day for
religious purposes.

Christopher Bennett is a member of the Church of the Universe, which
believes cannabis is the "tree of life." He tried to argue that
Canada's drug laws infringed upon his religious rights.

But in a detailed 21-page ruling, Judge Michel Shore said Bennett
failed to show that his marijuana consumption "has any nexus with
religion." "While the applicant has shown that his practice is based
on the belief that cannabis is the tree of life, this, in and of
itself, does not make it a religious practice," Shore wrote.

In an interview, Bennett, 49, said he has been using cannabis as a
religious sacrament for more than 20 years. "It's not just some
gimmick," he said. "By ingesting cannabis, we share ! in this
collective consciousness, which is an aspect of God. That's a common
belief in countless mystical traditions." Bennett, a former
"hippie-surfer" in Ucluelet on Vancouver Island, started smoking
marijuana when he was 12. In 1990, he joined the Church of the
Universe after he had a marijuana-induced "epiphany" that cannabis
was the tree of life referred to in the Book of Revelation. "It was
the pivotal moment in my life," he said. Bennett's clash with the
government began in February 2009, when he wrote to the federal
health minister seeking a "public interest" exemption from the
Controlled Drugs and Substances Act on religious grounds.

But officials with Health Canada's Office of Controlled Substances
denied Bennett's request.

Bennett turned to the Federal Court for a second opinion.

In his ruling, Shore concluded that Bennett's marijuana consumption
amounted to a secular "lifestyle choice" that was not protected by
the charter right of freedom of religion.