Judges don't buy couple's pot defense: It was for church | McClatchy Washington Bureau

×
Sign In
Sign In
    • Customer Service
    • Mobile & Apps
    • Contact Us
    • Newsletters
    • Subscriber Services

    • All White House
    • Russia
    • All Congress
    • Budget
    • All Justice
    • Supreme Court
    • DOJ
    • Criminal Justice
    • All Elections
    • Campaigns
    • Midterms
    • The Influencer Series
    • All Policy
    • National Security
    • Guantanamo
    • Environment
    • Climate
    • Energy
    • Water Rights
    • Guns
    • Poverty
    • Health Care
    • Immigration
    • Trade
    • Civil Rights
    • Agriculture
    • Technology
    • Cybersecurity
    • All Nation & World
    • National
    • Regional
    • The East
    • The West
    • The Midwest
    • The South
    • World
    • Diplomacy
    • Latin America
    • Investigations
  • Podcasts
    • All Opinion
    • Political Cartoons

  • Our Newsrooms

You have viewed all your free articles this month

Subscribe

Or subscribe with your Google account and let Google manage your subscription.

Courts & Crime

Judges don't buy couple's pot defense: It was for church

Megan Holland - Anchorage Daily News

January 22, 2010 02:32 PM

The Alaska Court of Appeals has rejected a couple's defense to marijuana charges that they were cultivating 50 plants because they were members of the United Global Mankind Divine Maintenance and Direction religion and used the plants' oils to cleanse themselves.

The three-member court said Michael and Maria Lineker's religious beliefs were insincere, according to the decision released this week. Chief Judge Robert Coats and Judge Joel Bolger agreed in the majority opinion. Judge David Mannheimer dissented, saying the court has to be careful in judging someone's unorthodox religion.

Michael Lineker, now 64, and his wife, now 49, were arrested in Craig in 2003 and charged with marijuana possession. The plants were in a hidden room behind a freezer in their home, according to previous media reports. Police found no paraphernalia related to smoking, ingesting or selling the cannabis in the couple's home, according to court documents.

The couple claimed their religion generally prescribed abstaining from alcohol and drugs but required them to cleanse and anoint themselves in the oils of marijuana plants. Michael Lineker said the plants had to be grown in a very specific way; then a hand juicer was used to extract the liquids. He would then douse his body with a one-to-one mix of marijuana juice and olive oil until it was all absorbed.

His wife described the anointment as spiritually fulfilling but also "a little messy," according to the majority opinion written by Coats.

Religious freedom is protected by the First Amendment of the U.S. Constitution. But the Juneau trial court judge, Superior Court Judge Larry Weeks, concluded the Linekers had made up their beliefs. At the time, he said, Michael Lineker's "speech and manner under oath left the court with a firm conviction that as he was testifying he was making it up as he went along," according to court documents.

The lower court also said, "There is no credible recognition of some force or power beyond the personal that is themselves (the Linekers). Their God is themselves."

The appeals court decision backed the lower court's conclusion: "In Alaska, some people's spiritual solace may be to go into the wilderness and commune with nature. Smoking a little dope or absorbing it through the skin ... may or may not turn it into a more pleasurable experience. (But it) does not turn it into a religious experience."

Read more at adn.com

Related stories from McClatchy DC

politics-government

California's medical marijuana possession limits are dropped

January 22, 2010 06:49 AM

economy

California Assembly panel backs legalization of marijuana

January 13, 2010 04:11 PM

Read Next

Courts & Crime

Trump will have to nominate 9th Circuit judges all over again in 2019

By Emily Cadei

December 28, 2018 03:00 AM

President Trump’s three picks to fill 9th Circuit Court vacancies in California didn’t get confirmed in 2018, which means he will have to renominate them next year.

KEEP READING

MORE COURTS & CRIME

Criminal Justice

Ted Cruz rallies conservatives with changes to criminal justice reform plan

December 06, 2018 01:51 PM

Congress

Kamala Harris aide resigns after harassment, retaliation settlement surfaces

December 05, 2018 07:18 PM

Congress

Felons may be back in the hemp farming business

December 05, 2018 04:08 PM

Investigations

‘This may be just the beginning.’ U.S. unveils first criminal charges over Panama Papers

December 04, 2018 07:27 PM

Criminal Justice

How a future Trump Cabinet member gave a serial sex abuser the deal of a lifetime

November 28, 2018 08:00 AM

Criminal Justice

Texas oilman Tim Dunn aims to broaden GOP’s appeal with criminal justice plan

November 20, 2018 04:25 PM
Take Us With You

Real-time updates and all local stories you want right in the palm of your hand.

McClatchy Washington Bureau App

View Newsletters

Subscriptions
  • Newsletters
Learn More
  • Customer Service
  • Securely Share News Tips
  • Contact Us
Advertising
  • Advertise With Us
Copyright
Privacy Policy
Terms of Service