The First Church of Cannabis filed a lawsuit against the city of Indianapolis and the state of Indiana on Wednesday, challenging the state's marijuana laws and claiming that they go against the religious beliefs of the pot-smoking church, according to Fox News.
The church filed legal papers in Marion Circuit Court in Indianapolis, citing a number of defendants including Gov. Mike Pence and state and local law enforcement officers.
The suit, referring the Constitution, argues that the church's rights have been violated and is seeking "declaratory and injunctive relief" for the prohibition of marijuana use, which the church uses as their sacrament. The lawsuit states that the action has been taken in order to "redress the substantial burden Indiana governmental entities have placed upon Plaintiffs' exercise of their religion," according to WRTV.
"Their sacrament is marijuana. Marijuana is something that provides them peace. It's a healing herb. They believe that is something that is a positive thing and therefore not being able to smoke it means that they are not able to practice their religion. They cannot engage in their religious society as they would choose to," said Mark Small, attorney representing the church.
According to the state's new Religious Freedom Restoration Act, which came into effect on July 1, the government must prove it is enforcing a compelling interest in the least restrictive way if a person claims an undue burden on his or her religious liberty, according to USA Today.
The First Church of Cannabis held its inaugural service last week but said its members called "Cannaterians" would not use cannabis after law enforcement authorities warned that police would arrest anyone who smoked pot during the service, as HNGN previously reported.
