Is it unconstitutional to federally ban Jews and Christians from using marijuana?
Marijuana is a part of Christianity, Judaism and all others who follow the teachings of Moses.
"Moreover, the LORD spoke to Moses, saying, ‘take also for yourself the finest of spices: of flowing myrrh five hundred shekels (12.5 US standard pounds), and of fragrant cinnamon half as much, two hundred and fifty shekels 6.25 lbs.), and of fragrant kaneh (Kaneh-bosem: marijuana) two hundred and fifty shekels (6.25 lbs.), and of cassia five hundred (12.5 lbs.), according to the shekel of the sanctuary, and of olive oil a hin (6 quarts).” (Exodus 30: 22-25, 1995, New American Standard Bible)
There are four parts to your answer. First, if a psychotropic drug is found to be a legitimate part of a religious ceremony, then an exception is made to it's being illegal, and it may be used for a religious purpose in a religious ceremony. One example is the use of peyote in Native American ceremonies, even though it is a banned hallucinogenic otherwise.
The second issue would be proof that kaneh is indeed marijuana. And if it was, it would be wild, natural hemp, which is still used to make rope, and is perfectly legal, not the enhanced hemp grown as a drug.
Third, you would have to establish that this is a living religious ritual, not an interpretation of an ancient text. Many things in the Bible, such a polygamy and punishment by taking out an eye or removing a hand, are no longer either legitimate in the religion nor legal in the US.
The fourth is that the verb "take" here refers to burning these spices on an altar, but not to inhaling the smoke. So, even if it could be used in a religious ceremony, it would be a Bill Clinton type experience - you could burn it, but you couldn't inhale!
All this is my take on the subject, and meant lightly.
There are two problems with your theory: 1) Marijuana is kaneh-bosem, hemp is not a sweet cane, whereas marijuana is.
2) Everyone inhales incense when they burn it. Furthermore it was not only burned but drenched upon those in the ceremony.
If your sources are correct, so be it. Please note, I was not presenting a theory, but elements to research. One more: Were not these rites to be performed only at the one Temple of the Israelite People where the Ark of the Covenant lies? Not in US!
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