Cannabis Church won't have marijuana at first service Wednesday

The First Church of Cannabis won't have cannabis for its inaugural service Wednesday, church founder Bill Levin announced.

Marion County prosecutor Terry Curry and IMPD chief Rick Hite had a news conference Friday to warn about arrests if people had marijuana. After that news conference, Levin said it changed nothing about his plans.

On Monday afternoon, though, it did change.

"Right now, we do not want to address this in criminal court, because it's not a strong hand," Levin said in an interview with The Indianapolis Star. "If we address this in civil court, we have a stronger hand."

Levin said his lawyers will be filing a civil action after the state's Religious Freedom Restoration Act (RFRA) goes into effect Wednesday. The nature of the lawsuit is unclear. But the church contends that RFRA, which limits government encroachment on religious freedoms, in effect, legalizes the use of marijuana at church.

Curry said he might also be in favor of clarifying the issues through civil litigation.

"Our goal all along has been to prevent a situation where there is a confrontation," Curry said. "I understand the political nature of this event, and my point in meeting with Mr. Levin leading up to July 1 was to limit any arrests and explain the potential legal consequences based on current law."

Levin, who made defiant comments after the law enforcement news conference, took a different tone Monday.

"Due to the threat of police action against our religion I feel it is important to CELEBRATE LIFE'S GREAT ADVENTURE in our first service WITHOUT THE USE OF CANNABIS," Levin wrote on his Facebook page. "The Police dept has waged a display of shameless misconceptions and voluntary ignorance. We will do our first service without the use of any cannabis. CANNABIS WILL BE PROHIBITED ON THE FIRST SERVICE.

"We will not be dragged into criminal court for their advantage. We will meet them in a civil court where the laws are clear about religious persecution. We do not start fights. We Finish Them!

"One Love!"

The inaugural service is scheduled for noon Wednesday at the church, 3400 South Rural Street in Indianapolis.

Several of the responses to Levin's Facebook post criticized the move.

"I'm disappointed that the police scare tactics have worked," one response said. "Civil disobedience is an honorable tactic that often works where other less confrontational methods fail. Backing down sends the wrong message."

Levin wrote his own message to people criticizing the move.

"We will win this on the high plain of dignity and discipline," Levin wrote, "not in a criminal court from a rowdy brawl with law officers."

An attorney for Melyssa Hubbard — a self-described activist who plans to attend Wednesday's service — sent a letter to Curry. The letter informed the prosector of the church's intention to proceed Wednesday without marijuana. The letter also expressed concern that the police might still carry out arrests for visiting a common nuisance, a move law enforcement discussed at Friday's news conference.

"If someone appears at the event with marijuana and is arrested, that person will have done so without either my client's knowledge or intent," the letter said. "My client's attendance (at) the event is based on legitimate reasons protected by our constitutions."