By Howard Fischer
Capitol Media ServicesTucson, Arizona | Published: 08.01.2008
PHOENIX — There is no religious right in Arizona to possess marijuana, the state Court of Appeals ruled Thursday, saying freedom of religion is not the same as freedom of action.
The judges rejected arguments that the First Amendment protections of free exercise of religion entitle an Arizona resident, Daniel Hardesty, to use marijuana as a "sacrament" of his church.
They said the state has the power to totally ban possession of the drug because of its known harmful nature.
But the judges left the door open to considering future arguments about the religious freedom to use marijuana.