United States v. Branden Barnes

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant Branden Barnes was charged with manufacturing more than fifty marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C) (Count I). He was also charged with maintaining a drug-involved premises, in violation of 21 U.S.C. §§ 856(1) and 856(b) (Count II). Barnes moved to dismiss the indictment, arguing that he had the right to manufacture marijuana under the First Amendment and the Religious Freedom Restoration Act of 1993 (“RFRA”), 42 U.S.C. § 2000bb et seq., due to his membership in the Oklevu-eha Native American Church, which…