In State of Idaho v. Heath, (ID Sup. Ct., April 8, 2021), the Idaho Supreme Court held that the state’s prohibition of marijuana does not violate defendant-appellant’s right to religious liberty. The issue arose as appellant attempted to recover a pipe and bong made from elk antler, seized as contraband (along with marijuana), during a police traffic stop. The court said in part:
… Heath contends that the provisions of the [Controlled Substances Act] prohibiting the use of marijuana are not neutral and generally applicable. However, Heath’s arguments do not support his conclusion. Certainly, the prohibition of marijuana under the CSA impairs Heath’s ability to consume marijuana, which he attests is an important element of his belief system…. [W]e will not question the sincerity of his beliefs. But the impact of the CSA on Heath’s ability to legally practice his beliefs is not the dispositive issue. Rather, the issue is whether the CSA proscribes religious use of marijuana while permitting non-religious use, or has been designed so that it applies primarily to religiously motivated conduct….. Heath has made no such argument.