The Jah Healing Kemetic Temple of the Divine Church in Big Bear violated a San Bernardino County ordinance against commercial marijuana activity by giving out marijuana blessed by church pastors as sacrament, the Court of Appeal ruled Oct. 5.
The appellate ruling agreed with a San Bernardino Superior Court ruling.
In April, 2018, the county executed a search warrant, and Jorgensen found marijuana-infused drinks, edibles, vape cartridges, teas, creams, oils, cash registers, scales, packaging materials, bags, medicine bottles, pricing information and an ATM.
from the opinion
The opinion laid out the facts of the case:
San Bernardino County Code Enforcement Officer David Jorgensen cited the church at 1020 W. Big Bear Boulevard for operating as a marijuana dispensary in violation of a county ordinance in December, 2017.
When Jorgensen followed up in February, 2018, church owner April Mancini said the church only supplied marijuana to the church’s members as a sacrament. Jorgensen issued a notice of violation.
The church then moved to its current location at 208 E. Big Bear Boulevard.
In April, 2018, the county executed a search warrant, and Jorgensen found marijuana-infused drinks, edibles, vape cartridges, teas, creams, oils, cash registers, scales, packaging materials, bags, medicine bottles, pricing information and an ATM. Jorgensen issued another notice of violation.
Jorgensen inspected the church again, in August, 2018, and found a “cash only” sign and a menu of marijuana products.
Mancini told Jorgensen that “church members come in, they tithe, choose their sacrament, pray, and then they leave.”
The county filed suit in September, 2018, seeking an injunction and civil penalties. A week after they filed suit, Mancini allowed Jorgensen to inspect the facility, which no longer had marijauna products on the shelves.
A week after that allowed inspection, Jorgensen returned and found the products back on the shelves, and saw two people leave the church with a brown paper bag. He also found a website that identified the church as a dispensary.
San Bernardino Superior Court granted a preliminary injunction that ordered Mancini to not use the church as a commercial marijuana dispensary.
The church owner continued to operate the church in a way that the county considered to be an illegal commercial marijuana dispensary. In May 2019, the court found that Mancini had violated the injunction, and found them in contempt.
Four months after the court’s ruling, Jorgensen inspected the church, and found that it still had marijuana products. Mancini told Jorgensen the church made changes since the court’s ruling. They required new members to recite a videotaped prayer in order to receive the marijuana as a sacrament. Also, church members did not need to donate funds to receive the marijuana, although she did encourage donations.
The County requested the court hold the church in contempt again. Department of Consumer Affairs Investigators Lauren Hannon and Faren Taffere testified. They both said they could not purchase marijuana from the church while undercover, because the church required them to consume some before purchase. Both, however, could purchase marijuana for delivery.
Two church members testified for the church that they received marijuana from the church for years without paying anything.
San Bernardino Superior Court ruled that the church had violated the preliminary injunction a second time.
After finding Mancini’s lawyer, Matthew Pappas, unresponsive, the court conducted its trial hearing in June 2020 without Mancini’s representatives present.
The attorney later submitted a declaration saying he thought the court was closed due to the COVID-19 pandemic, and that he had a hearing on the same day in Santa Clara. The court entered a permanent injunction against the church, fined Mancini $50,000, and sentenced her to 10 days in county jail. Mancini moved to set aside the judgment because of Pappas’ neglect, claiming his mistake was excusable. The court denied their motion.
Mancini’s appeal
Mancini appealed, claiming the court abused its discretion by denying her motion to set aside their judgment, and that the county ordinance against commercial marijuana activity violates state and federal law. The Court of Appeal denied both contentions.
The court said the motion was properly dismissed because Pappas failed to provide a brief as required.
Mancini argued the ordinance violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. The law says a government land-use regulation that imposes a burden on religious exercise is unlawful unless the government proves that burden furthers a compelling government interest, and is the least restrictive way of gaining that interest.
Mancini could not prove the ordinance imposes a burden on them, the Court of Appeal ruled.
“The Church’s only relevant religious practice is the use of blessed cannabis products, which its adherents consider to be their sacrament. The County ordinance, however, does not prohibit appellants from possessing, blessing, or consuming cannabis products. The ordinance bans only commercial cannabis activity, including selling and dispensing cannabis, whether for profit or otherwise,” the court ruled.
The court said church members can use and possess blessed cannabis, but that the church could not sell or dispense it. Because of that, their religious exercise is not changed by the ordinance.
Case information
San Bernardino Superior Judge David Cohn presided.
California Court of Appeals, Division Two, Associate Justice Carol Codrington wrote the opinion, which Acting Presiding Justice Art McKinster and Associate Justice Michael Raphael joined.
County Counsel Michelle Blakemore, Assistant County Counsel Kristina Robb and Deputy County Counsel Daniel Pasek represented San Bernardino County.
Charlene Wynder of Claremont’s Buxbaum Chakmak & Wynder and Matthew Pappas of Wynder Law represented Mancini.
San Bernardino Superior Court Case No. CIVDS1825140.
Appellate Case No. E075246.
Read the ruling here.
