Marijuana Is Good

A PRISONER'S RIGHT TO SMOKE MARIJUANA

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BRUNSWICK DIVISION

BRUCE TOWNSEND, a/k/a Ras

Lazarus Azarel Nazari, Plaintiff,

vs.

UNITED STATES BUREAU OF

PRISONS; JESUP F.S.L.; ROBERT

McFADDEN, Warden; D. L. HOBBS,

Warden; KATHLEEN HAWK-SAWYER;

RONNIE HOLT, Regional Director;

PAUL KENNEDY, Regional Chaplain;

B.O.P. RELIGIOUS COMMITTEE;

Ms. VICE, United Manager; Mrs.

CHALFANT, Case Manager; Lt. B.

RULEY; Lt. DUNLAP; Assist. Warden

RUIZ; E. WILLIAMS, Case Manager,

Chaplin O'NEIL, and JESUP STAFF

KNOWN AND UNKNOWN,

(Claim pursu~nt to 28U.S. C 1331 and ';1361 that Defendants acting under the color of Law deprive Petitioner of Religious Right)

Petitioner Lazarus Na~ari comes now pro se to move this Honorable Court to grant this petition for 1st Amendment Religious Freedom Right and to remove the cruel and unusual punisliment to Petitioner by religious restraints to his spiritual consciousness pursuant to section 5 of 14 Amendment.

Petitioner Lazarus Nazari has been incarcerated since August 18, 1997 for conspiracy.

Petitioner Lazanis Nazari's (F. S. I) report clearly states Petitioner is a Rastafarian. The

Government never contested this fact as documentation support the claim that Petitioner is a

Rastafarian of the (Bobo Shaiiti order of Meichizedek). The Rastafarian (13obo Shanti) are strict

vegetarians and keep the Sabbath as the Ancient Essene Qurman Sect of the Dead Sea Scrolls.

CIVIL ACTION NO.: CV204-.045

The Honorable Marcus Garvey, Prince Emi tianuel, and [laile Selassie are revered as the Trinity (King, Prophet, and Priest). In the floly ritu us of Nyh~binghi, the chantiug of songs with the beating of the (congos) drums is the raising of the spirit of God in man assisted by the sacramental herb (marijuana). (See Exhibit (A) P.S. I., Exhibit (B) Newspaper) (See Mircea ~adeEncclediaofReliion 96-97 (1 9(~~9); Rastafarian religion is among the 1,558 religious groups of American Religions 870-71(1991); Standard description of the religion eniphasizes the use of marijuana in cultiq ceremonies designed to bring the believer closer to the divinity and to enhance unity among believers. Functionally, IUarijuana~known as Ganja in the language of tile religion~operates as a sacrament with tile power to raise the partakers above the mundane and to enhance their spiritual unity.

I. "Free Exercise of Religion an Unalienable Right"

Petioner Nazari as will be call here in-after, asserts that while in Prison, inmates retain their right to exercise their rel'igious beliefs. Petitioner contends that Bureau of Prisons denies the basic rights of conscience to Rastafarian. Puisuant to Equal Protection Under the Law, requires that all persons similarly situated be treated alike. Within the Bureau of Prisons, religious diets are recognized for Jews, Muslims and so forth. But the Rastafarian Dietary Tenets are challenged at every door. Resulting in a total denial of equal pt~otection to Religious Tenets-Just as there is a Baptist or Methodist, Sunni or Shia, Orthodox Jew or Non Orthodox Jew, so is their Twelve Tribes and the Bobo Shanti Rastafarians. The Twelve Tribes eat fish and the Bobo Shanti are strict vegetarians. The diet of the "Bobo Shaiiti" is called "Ital", it consist of organic vegetables with soy products as dairy and meat substitutes. The word "Ital" is the religious word for Vital, meaning vhitial living to puri~ the conscience and flesh from carnal ways. The Vow of the

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Nazarite is the vow of separation and to deny the purifying diet is denying the belief to separate one S self to God, which is an everlasting wound to the mind and soul (psyche). (See U.S. v Schwimmer, 279 U.S. 644,655).

Petitioner Nazari assert' it is unequal protection to provide the Jews and Muslim the equitable opportunity to religious diets and not the Rastafarians. Their meals are fixed away from the common prep area, the Rastafarian is not given this, even though it has been explained that our meals must be cooked without animal bi-products and non-meat utensils and trays should be provided that are not used by meat eaters. How long must we go suffering such unsquare conditions? (See City of Cleburne v. Cleburne Living Center, 473 U.S.432 (1 985).

The Fifth Amendment includes equal protection component, which requires that the federal government accord every person within its jurisdiction equal protection of the Law. The equal protection clause essentially requires that all persons similarly situated be treated alike. Threshold requirement of equal protection claim is a showing that government discriminating among groups. Reasonable opportunity has not been given to the Rastafarian to exercise under Free Exercise Clause to a Religious Diet, for the Bureau of Prison doesn't have one allotted to Rastafarians. Petitioner Nazari notes for this court that cop-outs, BP-9 and BP-8's have been filed only to be unresolved. (RFRA) Religious Freedom Restoration Act requires that a law (Bureau of Prison) that work~ a gubstantial burden on an individual's ability freely to exercise his religion must be justified by compelling government interest and achieve that interest by burdening as little religious freedom as possible. For Bureau of Prison to provide Kosher an Halal meal and not soy products, which are cheaper, is far from restricting compelling government interest. To state this is a minority request would make this a ~inor financial change. (~ee 42 U.S.C. 82000 bb-l(b)) In essences, RFRA re-establishes the Sherbert standard

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that the U.S. Supreme Court supplanted