PORTLAND — A federal judge has ruled in favor of the state of Maine and two law enforcement agencies in the case of a man claiming to use marijuana for religious purposes.

U.S. District Court Judge George Z. Singal agreed with a recommendation by U.S. Magistrate Judge Margaret Kravchuk to find in favor of the state, Maine Drug Enforcement Agency and Mexico Police Department. Mexico resident Norman Hutchinson had charged the government and police with violation of his constitutional rights in the seizure of 55 marijuana plants in 2004.

Hutchinson appealed the decision with a one-sentence document demanding a jury trial.

In August 2004, police searched Hutchinson’s home on Granite Street after finding an ATV registered to him near a marijuana growing operation in Dixfield. The search uncovered marijuana plants as well as cultivating equipment. Hutchinson later pleaded guilty to marijuana cultivation and admitted the criminal forfeiture of the ATV.

In the civil complaint he filed earlier this year, Hutchinson said he is a member of the Hawaii-based Religion of Jesus Church. Founded in 1969, the Religion of Jesus Church mandates the smoking of marijuana based on 12 tenets, including the increased ability to feel God and amplification of worship of God.

Hutchinson charged the state and police with violation of his rights under the state and federal constitutions, violation of the United States Code and the Religious Freedom Restoration Act of 1993, false imprisonment, trespass, conversion, invasion of privacy, and negligent and intentional infliction of emotional distress.

Hutchinson, who is representing himself, later sought a judgment in his favor and asked for $75 million from the state and MDEA. He also asked for hundreds of thousands of dollars in damages from the Mexico Police Department.

Attorney General Janet Mills, arguing on behalf of the state and MDEA, previously said that a federal court had rejected an argument similar to Hutchinson’s 25 years ago. In that case, 15 members of the Ethiopian Zion Coptic Church unsuccessfully tried to appeal their drug trafficking convictions after a raid at a remote Stockton Springs facility seized 20 tons of marijuana that was being offloaded from a ship. The Ethiopian Zion Coptic Church also mandates the use of marijuana for religious purposes.

In her recommendation, Kravchuk said Hutchinson did not demonstrate that his case was different from prior court decisions upholding marijuana convictions of people claiming religious use of marijuana. She also said the Freedom of Religion Restoration Act does not apply to the states, and that Hutchinson did not file a statement of facts with his motion for judgment as required.

Singal said he agreed with Kravchuk’s finding and affirmed her recommendation. He also denied Hutchinson’s motion for judgment and approved motions for judgment filed by the state in favor of the MDEA and Mexico Police Department.

mlangeveld@sunjournal.com

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