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United States Ninth Circuit


Oklevueha Native American Church of Hawaii, Inc. v. Holder, 10-17687

In a suit seeking declaratory and injunctive relief barring the government from enforcing the Controlled Substances Act (CSA) against the plaintiffs, who alleged that they consume marijuana as part of their religious ceremonies, and for return or compensation for marijuana taken by the government, the district court's dismissal of the complaint is: 1) reversed insofar as it held that the plaintiff's CSA claim was not ripe for adjudication and that the plaintiffs did not have associational standing; but 2) affirmed insofar as it denied return of, or compensation for, seized marijuana under the Religious Freedom Restoration Act (RFRA), since RFRA does not authorize suits for money damages.

Appellate Information

  • Decided 04/09/2012
  • Published 04/09/2012

Judges

  • Murguia

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Michael Andrew Glenn, Derrick K. Watson

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