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OKLEVUEHA NATIVE AMER. CHURCH OF HAWAI'I v. HOLDER

Civil No. 09-00336 SOM/BMK.

719 F.Supp.2d 1217 (2010)

OKLEVUEHA NATIVE AMERICAN CHURCH OF HAWAII, INC.; Michael Rex "Raging Bear" Mooney, Plaintiffs, v. Eric H. HOLDER, Jr., U.S. Attorney General; Michele Leonhart, Acting Administrator, U.S. Drug Enforcement Administration; Florence T. Nakakuni, U.S. in Part and Denying in Part Motion to Dismiss First Amended Complaint Attorney for the District of Hawaii, Defendants.

United States District Court, D. Hawai`i.

Order Denying Clarification and Reconsideration June 29, 2010.

Attorney(s) appearing for the Case

Michael A. Glenn, Honolulu, HI, for Plaintiffs.

Derrick K. Watson, Office of the United States Attorney, Honolulu, HI, James C. Luh, United States Department of Justice, Washington, DC, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS FIRST AMENDED COMPLAINT

SUSAN OKI MOLLWAY, Chief Judge.

I. INTRODUCTION.

Plaintiffs Michael Rex "Raging Bear" Mooney and the Oklevueha Native American Church of Hawaii, Inc., allege that cannabis is used in their religion and assert that their right to religious freedom is being infringed on by United States drug laws, specifically 21 U.S.C. § 841. On February 23, 2010...

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