Turtle Talk

Here is the opinion in Oklevueha Native Am. Church of Haw. v. Holder: Oklevueha v Holder.

Plaintiff Michael Rex “Raging Bear” Mooney and the Oklevueha Native American Church of Hawaii, Inc., seek a declaration that they be allowed to grow, use, possess, and distribute cannabis free from federal drug-crime prosecution. Plaintiffs allege that cannabis is used in their religion and assert that their right to religious freedom is being infringed on by United States drug laws, specifically 21 U.S.C. § 841.

Defendants have moved for dismissal of the Complaint, arguing that, on the face of the Complaint, the claims asserted are not ripe, that Oklevueha lacks standing to assert claims on behalf of its members, and that Plaintiffs fail to allege sufficient claims in any event. Because this court agrees that the Complaint fails to allege ripe claims on the face of it, Defendants’ motion is granted and Plaintiffs’ Complaint is dismissed with leave to amend.