Oklevueha Native American Church, et al. v. Holder, Jr., et al., No. 10-17687 (9th Cir. 2012)
Annotate this CasePlaintiffs appealed the district court's dismissal of their complaint and judgment in favor of defendants. Plaintiffs' action sought declaratory and injunctive relief barring the Government from enforcing the Controlled Substances Act (CSA), 21 C.F.R. 1307.3, against them and for return or compensation for marijuana taken by the Government. Plaintiffs alleged that they consumed marijuana as a "sacrament/eucharist" in their religious ceremonies, and that their use was protected by the First Amendment and the Religious Freedom Restoration Act (RFRA),42 U.S.C. 2000bb-2000bb-4. The court held that plaintiffs' claims for prospective relief arising from the Government's seizure of marijuana met the constitutional requirements and prudential factors for ripeness, and plaintiffs have associational standing to assert their claims. Strictly construing the "appropriate relief" provision in favor of the Government, the court concluded that RFRA did not authorize suits for money damages. Accordingly, the court affirmed the district court's dismissal of plaintiffs' claims for compensation for the seized marijuana.
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