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A federal judge indicated she will rule by Wednesday whether she or the jury should allow Hawaii island cannabis advocate Roger Christie to use a religious freedom defense at his marijuana trial.
U.S. District Judge Leslie Kobayashi heard arguments Monday by federal prosecutors who want her to rule that the defense under the Religious Freedom Restoration Act doesn’t apply.
Christie’s lawyer argued that the jury should decide whether the defense warrants an acquittal of Christie’s marijuana charges.
Christie, who headed The Hawaii Cannabis Ministry in Hilo, is scheduled to go on trial Oct. 8.
He has been held without bail since his arrest in July 2010 on marijuana trafficking charges.
The federal law is aimed at protecting a person’s right to practice religion without government interference.
Christie maintains that marijuana is an integral part of his religion, but prosecutors say Christie is expressing a personal philosophy to protect his marijuana trafficking operation.
Christie’s wife, Sherryanne, who is also charged in the case, joined in the defense request.