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Apr-12-2021 01:44printcomments

Collection of American Native Churches Take Federal Government to Court over Cannabis and Mushrooms


Jack Herer, Dr. Phil Leveque
The civil grievance case is dedicated to Jack Herer (RIP).
Photo: Jack Herer and Dr. Phil Leveque at the Portland HempStalk Festival, 2007.
Photo by Bonnie King,

(SALEM, Ore.) - A civil grievance case was filed Thursday, March 25th, 2021 with Washington DC Federal Court by members of the Kautantowit's Mecautea (KM) Spiritual Collective Confederation. The KM Spiritual Collective Confederation (KMSCS) represents several American Native churches.

The grievance case (#21-cv-00879) is against several states and their Governors and Attorneys General and has been accepted by the Court.

Those behind this movement call it “The Grand Case.” It has been in the works for several years as more injustices surfaced and solutions were sought after. Taking these grievances to court is ideal for those involved, after waiting so long for “something to happen.”

According to court records, Plaintiffs allege the Defendants violated their rights by tampering with a witness, victim or an informant (18 USC 1512).

“The Defendants maliciously committed and continue to commit acts of harassment, unlawful detainment, stalking, biased policing, fraud including fraud upon the courts, as well as defamation of character, criminal trespass, unlawful detainment and Theft of property.”

Petitioners/Plaintiffs further affirm acts are based upon, at least in part, “Defendants religious discrimination upon Petitioner churches”, which results in violations of the 1st and 14th Amendments of the US Constitution as well as depriving Plaintiffs/Petitioners of Protection of land use as religious exercise.

Petitioners/Plaintiffs’ claim authority over “God-created and freely given sacred medicines”, including but not limited to cannabis, aka “Marihuana/Marijuana” and the sacred Mannas, aka “Mushrooms” (psychedelic and non-psychedelic) and etc., and say they are being willfully infringed upon by Defendants in order to preserve their unlawful drug enterprise.

Documents say that “Defendants are maliciously retaliating by intentionally depriving the Petitioners/Plaintiffs and “God’s flock” (Church members, associates, immediate family and household members) of their 1st, 4th, 5th and 14th US Constitutional rights... [committing] Damage to religious property; obstruction persons in the free exercise of religious beliefs on more than one occasion.”

The Petitioners of the case are individual churches who have been suffering in similar ways for essentially the same reason and needing the same outcome: clarity, respect and protection against further unlawful retaliation.

They include: Kautantowit's Mecautea (American Native Church); The United Cannabis Ministry; Rolling Spirit Church of KM; Michigan Mother Medicine Church of KM; Reap What You Sow Genesis 1:29 Global (Church); Anointed Life Ministries; Windigo Kahn Church of KM; The Church of The Only Begotten Son; KM Church of Florida; White Wolf's Den of KM; and Wolf Daughter Medicine Church of KM.

Plaintiffs are the Chief Executive Officers of each confederate church, known as shepherds.

The grievances stated in the case are very serious. They include but are not limited to: Violation of Civil Rights, The Shepard and Byrd Acts, RICO, Racketeering, Operating a Criminal Drug "Kingpin" Enterprise, Extortion, Communications Fraud, Constructed Fraud, Domestic Terrorism, Treason, Color of Law/Authority Violations, Conspiracy to Commit Murder, Conspiracy to Deprive Rights, Personal and Religious Bias Discrimination including but not limited to: Violations of Civil Rights Act of 1964,The No Fear Act, The Privacy Act, RLUIPA, RFRA, AIRFA and others.

Defendants include the States of Oregon, California, Utah, Michigan, Indiana, Louisiana, Minnesota, Colorado and Florida.

Jack Herer, author of Emporer Wears No Clothes, passed away in 2010. This case is dedicated to him, “because it is by his will, vision, instruction and persistence that the churches handle the issues at hand hindering and hurting our planet plants and people... especially regarding mushrooms and cannabis,” said Joy Graves, KM Spiritual Leader.

“The confederation hopes to see growing support by the cannabis community including the "new industry" and the "canna-Family" alike as well as the uprising "manna movement" and all who support, believe and prefer having the right of choice when it comes to Creator’s creations.”

I asked Spiritual Leader Joy Graves to explain the purpose of “The Grand Case”, their goals and expected outcome.

Q: What does the confederation hope to achieve by filing the "Grand Case"?

    J Graves: The purpose of the Grand Case, first and foremost, is to attain “clarity" regarding a few key points: One, the "Chain of Command": The federal government is divided by 3: legislative, executive and judicial. They gave "Limited powers of authority" to state governments, providing they do not conflict with Uncle Sam. So, the states essentially became "employees” of the US federal government.

    All their minions then became subject to the jurisdiction of the US federal government and in turn, obligated to follow Uncle Sam's "rules of law" with little, if any, room for question.

    Two, “Subject Jurisdiction”: We want it affirmed that no one, including the US Government has claim of jurisdiction over any church or church leader, and that they are not to interfere, infringe or hinder churches in any way.

    This includes preserving the well-being of church members, spiritually, physically, emotionally or otherwise. We ask for respect of the churches’ authority over certain medicines, in this case mannas (mushrooms) and cannabis.

    Three, “Cannabis disposition”: The US Government should affirm that, from the beginning, they have only had interest in claiming authority over Cannabis Sativa. They created criminal consequences for those that use the herb for any purpose, especially economic gain.

    However, they have never asserted authority over Cannabis Indica or Cannabis Ruderalis. Therefore, if individual states attempt to broaden a claim of authority over Indica/Ruderalis, that becomes an issue of battle between the citizens and the state(s) - not the federal government.

Q: Will this case threaten Medical Marijuana" laws?

    J Graves: No. What it will do in most states is clear the path for medicinal use of Cannabis Indica and Cannabis Ruderalis without question or [legal] consequence.

    It will also bring attention to Cannabis Sativa, possibly putting it in a "limbo" status regarding medicinal use while its disposition is straightened out.

    The Confederation is offering the remedy to this conflict for the states. Each state should simply file for an exemption to the federal controlled substance act regarding Cannabis Sativa. This effort includes an application to the DEA for their state and a few hundred dollar application fee. Such exemptions have been granted to churches.

Q: Will it impact cannabis "Recreational Use" laws?

    J Graves: No. This case simply corrects the definitions once and for all. Once the clarification is affirmed, then it will depend on each the state governments’ decisions on how to move forward. Our hope is that this case will reduce the desire to "control" cannabis in the United States.

Q: What will this case do to "the new cannabis industry"?

    J Graves: It should be very good for business. We want the federal government to relax their controlling hand of Cannabis Sativa. There is far and above enough convincing evidence that it should be de-scheduled altogether. Once this is done, fairness will be possible. All cannabis efforts will be between the people of their states, not between them and the federal government.

    However, if the fed keeps their firm grip as it is today, the states do have the right to file for exemption. If approved, then they pay Uncle Sam his percentage of their profits. But no actual progress is made.

    As it is today, "Canna-businesses" are required to comply with all state-made rules and regulations in exchange for the "license" they say will protect then while they break federal law within their state lines.

    One of the mandatory requirements of business is banking. Businesses dig in their wallets and take thousands out for their state "licenses", while at the same time, placing a bullseye on their backs.

    Banking is required, but FDIC approved and insured banks are bound to the federal rules of law. Law-abiding canna-businesses are constantly having their accounts closed, sometimes losing all the money in their account. Banks justify this theft via a statement that the business is being "suspected of encompassing an illegal drug enterprise (ie cannabis)”.

    Technically it’s the states who are coercing them into their banking troubles, allowing them to do business knowing there is no way for them to be financially safe.

    The defendant states (and others) are charging all these fees plus fines and penalties, and tax on all sales- while the business owner takes all the risks. This is not right. It is a disservice to the citizens and the business owners.

    The “right way” is for each state to get that exemption, pay the fee, and give Uncle Sam his cut. That solves some things. But for now, it is shockingly difficult for canna-businesses to use a bank.

Q: This case claims the right of authority over magic mushrooms in the churches, on what grounds?

    J Graves: Their very existence is proof of our Creator's natural law. Mushrooms have purpose and remain here for a reason. The human species has a symbiotic relationship between ourselves and nature.

    We stand on the Biblical instruction to Moses in the times of Exodus when mushrooms were declared as sacred medicine by the great Creator, and to be used in proper regiment. We further strengthen our stand behind Aaron, brother of Moses, having authority over the "foods and fountains of living waters of the gods".

    The plaintiffs in this case are called "shepherds of the flock of God", or in other words- they include all the human beings upon the planet.

Q: This case attacks Oregon's 2020 measure 109. Why?

    J Graves: The State has no subject jurisdiction over our mannas (mushrooms). For them to attempt to push in and claim authority so they can experiment and exploit them is a terrible injustice.

    They have yet to respect the church’s authority regarding mannas, though our expertise in the subject is well known.

    They claim their interest in the manna is for "health and wellness" and yet they have not reached out or consulted us about them. We know the medicinal values and benefits as well as how to determine proper regiment and dosages.

    Instead, they approach our manna ignorantly and disrespectfully. They are selling licenses allowing experimentation, then they will determine who will have rights to cultivate, possess and use them and punish those who they decide cannot.

    Of all the places that has expanded mushroom laxation laws, Oregon is the only state trying to assert sole control over mushrooms. Most, like Boulder, Oakland and Santa Cruz, actually liberated the mannas, which is a right step- but Oregon "Regulated" out of left field with absolutely no foundation, knowledge or authority to do.

    That is not honor nor equality, it is what they’ve done to cannabis and we are not going to watch that pattern repeat itself for financial gains without addressing the issue. Ultimately it is the churches who have the position to demand correction, and it is therefore our obligation to accomplish.

Q: Why have the filers initiated this case “now”?

    J Graves: The degree of victimization is forcing the churches to take swift affirmative action now. The churches are obligated to protect their people as well as the whole of humankind and earthly life, including preserving Natural law.

    The current and recent state of affairs in America demand a proactive stance. No one else can make the stand but churches, and most churches are even constrained from attempting to.

    The confederated churches on this case are among the few that legally can and who are willing to attempt to preserve our rights, people and planet.

    There are also two additional cases currently active in federal court and assigned case numbers. Both are KM's "sub-cases" which ultimately do file in under the wing of the grand case but regard specific sufferings afflicting upon KM exclusively.

    Both sub-cases contain a claim for financial compensation in addition to injunctive relief.

Q: If the US government changes its position and the laws regarding cannabis, what would happen to the "Grand Case"?

    J Graves: At this point it would only further prove the merit and validity of the grand case. This case being on official record only helps to assure the victims they are not swept under the rug and did not suffer in vain.

    We would like to see the government allow nonviolent offenders to regain their long overdue freedom before it's too late for them as it already is for too many such as Richard Flor, a prime example, who died in federal prison inhumanely as far as we're concerned. He complied with the proclaimed "laws" regarding cannabis and wanted to help his fellow human beings from unnecessary suffering and premature death, as cannabis has been able to accomplish for so many …when allowed.

    There are still many pot POWs, and we would like to see them released immediately. Their convictions should be removed from their permanent criminal record and they should be assisted with reintegration.

Nearly a hundred years has passed since prohibition on cannabis became the norm in the United States. Thankfully, the empirical evidence of the failed experiment has come fully into focus and the American public is done with this misguided law.

Sadly, many fallen canna-warriors such as Jack Herer, Capt'n Ed, Ric Smith, Doc Leveque and countless others didn't live to see the victory yet to come.

“We hope the Grand Case will bring the nonsense to an end, and truth and common sense will prevail. We redirect all feather from this battle into Jack and their caps... because if not for their efforts and sacrifices, sufferings and deaths, we would not be here fighting to finish the war via this case,” added Graves.


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Anonymous April 15, 2021 2:32 pm (Pacific time)

@@@ My heart is with these brave, smart and sincere people and the cause they advocate. May unexpected blessings and love keep coming to them ... and from them. @@@.

AΩ April 12, 2021 8:59 am (Pacific time)

The rainbow angel commands: "Eat the little scroll." For the healing of the nations and the end of every curse.

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Sean Flynn was a photojournalist in Vietnam, taken captive in 1970 in Cambodia and never seen again.

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