Tuesday, December 2, 2008

California Constitution's Religion Clause Does Not Protect Against Criminal Prosecution for Selling Pot

Did you ever think that the California Constitution prohibits the prosecution of someone selling pot in a "temple" (complete with vending machines) devoted to that purpose? I didn't and, more importantly, neither do the Justices of the Second Appellate District, Division Six. Here is the decision in People v. Rubin, which concludes with the following: "appellant's theory is at variance with not only constitutional law, it is at variance with common sense."

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