A Golden Valley woman is asking the courts to allow her to smoke marijuana for religious reasons — because she belongs to the First Church of Cannabis.
Through her lawyer, 31-year-old Ashley Firnschild is arguing to the Hennepin County District Court that the weed's illegality places an "undue burden" on her "sincerely held" religious beliefs as a member of the Indiana-based church established earlier this year. The case is coming before the court because Firnschild is alleged to have smoked the weed in violation of a condition of her probation for a drug charge.
Firnschild's use of marijuana is based on "guidance in the philosophies of her church" and her embrace of the church's mission "establishes her dedication and sincerity to such ideologies," the motion said.
Hennepin County Attorney Mike Freeman said in a statement that selling, possessing or smoking marijuana is not a First Amendment right. "Other folks have argued this in the past, unsuccessfully," he said. "We will continue to vigorously prosecute this case of possession of a large amount of marijuana."
Oral arguments on Firnschild's motion are scheduled for Oct. 1. Firnschild's lawyer, Camille Bryant, is arguing her case under the Minnesota Constitution, which provides greater religious freedom protections than the federal Constitution.
Although Firnschild's argument is uncommon, the legal analysis is complicated, according to one Twin Cities law professor who cited multiple state cases where individuals have been allowed to exercise their religious convictions even though they violated state laws.
In 2014, Firnschild pleaded guilty to fifth-degree drug possession and was sentenced to community service and probation.
The previous year, police had searched her home after Hennepin County Child Protection Services alerted them to a potential marijuana-growing operation in her basement. Police found such operations in the basement and attic. Firnschild said the drug was for personal use.