From: [c--o--n] at [dsmnet.com] (Carl E. Olsen)
Newsgroups: alt.drugs
Subject: Israel Zion Coptic Church
Date: Wed, 24 Aug 1994 16:53:23

Coptic priest claims church  
privilege to use marijuana  
	PRAIRIE DU CHIEN (AP) -- A Coptic priest who grew marijuana 
in his basement says drug charges filed against him should be 
dismissed because they violate his constitutional right to 
exercise his religion.  
	An ordained minister in the United Church of Christ 
testified on Michael Matteson's behalf during a hearing that 
Crawford County Circuit Judge Michael Kirchman continued to May 6 
for additional testimony.  
	"It's clear that ganja (the Coptic word for marijuana) is 
central to their worship," said the Rev. Cynthia S. Mazur of 
Arlington, Va.  "Without their ganja, it would be impossible for 
them to worship."  
	Matteson, 47, of rural Soldiers Grove, was arrested last 
year after deputies found 30 potted marijuana plants growing in 
his basement.  Matteson said the plants were for sacramental use.  
	Mazur, the Virginia minister, was one of several defense 
witnesses during the daylong proceeding Thursday.  She said state 
and federal law grants exemptions to the Native American Church 
to worship with peyote -- a controlled substance.  She urged the 
same exemption for Coptics, who "abhor abuse of the sacrament of 
ganja" and prohibit the use of alcohol.  
	The Israel Zion Coptic church has about 30 members locally, 
District Attorney Timothy Baxter said.  
	He said similar cases have never been upheld.  
	In June 1989, the U.S. Circuit Court of Appeals for the 
District of Columbia, on a 2-1 vote, rejected a claim for a 
religious exemption to drug laws by a priest of the Jamaica-based 
Ethiopian Zion Coptic Church.  
	The federal Drug Enforcement Agency had denied the 
exemption.  
	John Morgan, a New York City physician and medical professor 
who also testified at Matteson's hearing, said alcohol is 
consumed in many Christian denominations in communion wine.  
	Alcohol is more dangerous to humans than marijuana and more 
likely to be abused, he said.  
	State and federal exemptions allowed the legal use of 
sacramental wine even during Prohibition in the 1920s and early 
1930s, he said.  
	Defense attorney Donald Fiedler of Omaha, Neb., said 
marijuana is sacred and holy to Matteson and his fellow Copts.  
When church members partake of the substance, he said, "something 
spiritual happens."  
	"It is the small religions that need protection" under the 
law, Fiedler said.  
	Stanley Moore, a professor of philosophy at UW-Platteville, 
said "nothing is more common" than for various religions to have 
differing interpretations of scripture.  
	Copts cite verses in the Old Testament they say gives them 
the right and duty to use marijuana.  
	The use of psychoactive drugs is common in spiritual 
practices in many lands, Moore said.  
	"It is the western rejection of them that is unusual," he 
said.  
	Wisconsin State Journal, Prairie du Chien, Saturday, March 
27, 1993, Page 5D.


'Holy herb' or illegal substance?  
In court: Coptic argues for  
right to worship with marijuana  
BY TERRY BURT  
of the Tribune staff  
	PRAIRIE DU CHIEN, Wis. -- Calling marijuana "a spiritual 
food for mankind" and "a holy herb," a Crawford County Coptic 
priest told a judge Thursday that he would be unable to fully 
practice his religion if he were unable to smoke the controlled 
substance.  
	Michael Matteson, 47, of rural Soldiers Grove testified on 
his own behalf in a Crawford County Circuit Court hearing that 
had been continued from March 25.  
	Matteson is asking the court to dismiss the felony drug 
charges against him.  
	Last month, several witnesses testified that ganga (the 
group's word for marijuana) is central to their worship.  The 
Copts would like an exemption from prosecution much like that 
granted the Native American Church to worship with peyote -- also 
a controlled substance.  
	Matteson was arrested in March 1992 for growing about 30 
marijuana plants in the basement of his family home near Rising 
Sun in northern Crawford County.  
	Matteson has pleaded innocent to the charges of 
manufacturing marijuana.  
	The prohibition against using marijuana, said Matteson, "is 
the only area of discrepancy I have with man's law."  
	Members of the small Israel Zion Coptic sect moved to 
Crawford County from their former home in Iowa about 1981, he 
said.  
	Also testifying Thursday was Dr. Andrew Kane, a Milwaukee 
psychologist with several years experience in the field of 
alcohol and drug abuse counseling.  
	Kane testified that alcohol use is potentially much more 
harmful than marijuana use.  
	Although not as physically addictive as alcohol, some people 
become psychologically dependent on marijuana, said Kane.  
	Judge Michael Kirchman gave lawyers for both sides one month 
to submit written arguments outlining their cases for or against 
dismissal of the charges.  
  
	A jury trial on the felony drug charges against Michael 
Matteson is scheduled for July 14-18 in Crawford County Circuit 
Court.  
  
AT A GLANCE  
	THE COPTS use marijuana as a sacrament in their religious 
rites.  It has a place in their religion similar to that of 
sacramental wine in some mainstream Christian denominations.  
	TO USE marijuana recreationally, "or in a drunken or 
careless or irresponsible manner would be abuse," Michael 
Matteson said Thursday in Crawford County Circuit Court.  
	MATTESON said he neither abuses marijuana nor uses any other 
drugs or alcohol.  
	The LaCrosse Tribune, May 7, 1993, Page A7. 


Coptic testifies about his faith 
By Lyn Hanson Jerde  
	PRAIRIE DU CHIEN, Wis. -- In some churches, "giving 
testimony" means talking about one's faith.  
	That's what it meant Thursday when Michael Matteson took the 
witness stand in Crawford County Circuit Court.  
	Matteson, 47, told Judge Michael Kirchman of his faith 
journey -- which took him from a Catholic school in Cedar Rapids, 
Iowa, to an Ethiopian Zion Coptic Church confession in Jamaica.  
	Along the way, he said, he tried being a Pentecostal "holy 
roller," a Methodist, a Lutheran, a Hindu and a Buddhist.  
	He also pursued "every kind of drug and pleasure."  
	The turning point came in the spring of 1971, when a group 
of friends, whom Matteson described as drug dealers, came back 
from Jamaica to Iowa City.  
	They gave away possessions.  And some of the activities they 
used to enjoy -- such as watching pornographic films or using 
drugs other than ganja, including alcohol -- were now sinful.  
	They taught Matteson that the name of Jesus should be 
pronounced "Jess-us," or "just us."  That's because the spirit of 
Jesus is in all people, he said, not in the heavens looking down 
on people.  
	To get in touch with the divine spirit inside oneself, 
Matteson said, God gave people ganja.  
	"People can't have the fullness of the truth without ganja," 
Matteson said.  "Without it, they're denying themselves the full 
insight they're entitled to."  
	"So you don't smoke ganja just to get high?" asked Crawford 
County District Attorney Timothy Baxter.  
	"In my mind," Matteson replied, "to get high is to be one 
with God.  For that purpose, I smoke ganja at all times.  But to 
use it in a drunken and careless manner is wrong."  
	Not long after Matteson embraced the Ethiopian Zion Coptic 
Church faith, he broke away from it and accepted the Israel Zion 
Coptic faith, over doctrinal differences.  
	Matteson said Israel Zion Coptics believe spiritual things, 
especially ganja, should never be bought or sold.  
	For Matteson, that belief is rooted in an experience he had 
when his mother died.  Matteson, then 11, asked a priest to say a 
Mass for her.  The priest said he would -- for $25.  
	Other "mainstream" religions he tried were not much 
different, he said.  
	"Most of the faiths I went to were more interested in the 
collection plate, the style of the building or dress of the 
people in the congregation."  
	Baxter asked Matteson if he would be offended if someone 
called the Israel Zion Coptic faith a "cult."  
	Probably, Matteson said, if he or she defined a cult as a 
group brainwashed by a charismatic leader.  
	The Dubuque Telegraph Herald, Friday, May 7, 1993, Page 3A. 


Marijuana use draws fire in court  
Prairie du Chien man defends drug use  
  
By Lyn Hanson Jerde  
of the Telegraph Herald  
	PRAIRIE DU CHIEN, Wis. -- Attorney Don Fiedler posed a 
question his client Michael Matteson has heard time and time 
again.  
	"Isn't this just a ruse to get high?"  
	More than a year after he was charged with manufacturing 
marijuana, Matteson was on the witness stand Thursday in Crawford 
County Circuit Court to testify about the role of marijuana in 
his Israel Zion Coptic faith.  
	"If I just wanted to get high," Matteson said, "I wouldn't 
make it public.  I'd stay hidden, in secret.  But that's not my 
faith.  I stand with the truth."  
	Matteson's lawyers, Fiedler, of Omaha, Neb., and Thomas 
Geyer, of Platteville, are trying to get the charge against 
Matteson dismissed on religious grounds.  Matteson contends the 
36 marijuana plants that Crawford County deputies seized from his 
home in March 1992 are sacramental ganja, crucial to the practice 
of his faith.  
	Ganja is part of his faith's holy trinity which also 
includes truth and the person.  Without all three, he said, 
communion with the spirit of God inside him is incomplete.  
	Crawford County Attorney Timothy Baxter agreed that Matteson 
uses marijuana for religious purposes.  But he's fighting the 
dismissal motion because he believes the Legislature, not the 
courts, should decide whether there is a religious exception to 
the laws against marijuana.  
	Matteson said this is his first marijuana related arrest 
since he moved to Crawford County with others of his faith in 
1981.  
	When the Israel Zion Coptics carved a commune out of the 
remote Star Valley in northern Crawford County, newspapers and 
television stations from all over the Midwest were there, too -- 
producing stories about the group, its religion and its use of 
marijuana.  
	Before long, Matteson said the sheriff came to call.  
	"I told Sheriff (William) Fillbach that if he wanted to bust 
us for possession, he could do it any time," he said.  
	Matteson also promised the sheriff the commune dwellers 
would not try to convert others to their faith, nor distribute 
their ganja to anyone.  
	For several years, Matteson -- who has since moved from Star 
Valley to the unincorporated settlement of Fairview -- grew his 
ganja outdoors.  But people stole it.  
	So he began an indoor growing operation in his basement.  
	The sheriff's department got a search warrant based on an 
anonymous tip and on Wisconsin Power and Light figures that 
showed an unusually high electric use to the Matteson home.  
	Matteson was arrested March 5, 1992, and released on a 
signature bond.  
	A Milwaukee psychologist, Andrew Kane, said the amount of 
marijuana in the Matteson home was consistent with his claim that 
it is used for religious observances, not recreational purposes.  
	"It is clear to me that the use of ganja is central to the 
defendant's practice of his faith," Kane said.  
	Thursday's proceedings were a continuation of a hearing that 
started March 29, in which Fiedler called witnesses to testify 
about the effects of marijuana.  
	Judge Michael Kirchman asked lawyers for both sides to write 
their arguments in 30 days.  After that he'll decide whether to 
dismiss the charge.  
  
	The Dubuque Telegraph Herald, Friday, May 7, 1993, Page 1A. 


State of Wisconsin v. Michael Matteson 
Crawford County Circuit Court No. 92-CF-10 
Memorandum Decision 
	The defendant filed a motion to dismiss the Information in 
this case on the grounds that Wisconsin Statutes 161.41(1)(h) 
violates the defendant's first amendment free exercise of 
religion rights and equal protection rights.  The Court denies 
these motions.  
	Defendant Matteson is a priest in the Israel Zion Coptic 
Church.  Church doctrine as it has been stated, dictates the use 
of marijuana or ganja as a "religious sacrament".  Ganja is used 
during worship by church members called "reasoning".  It's use is 
not confined to any particular right or service.  It may be 
carried on continually.  
	The marijuana was cultivated by the defendant in containers 
under grow lights in his basement.  A search warrant was executed 
on the premises of defendant's residence and the plants were 
seized and the defendant was charged with manufacturing a 
controlled substance.  
	Statutes such as the charging statute in this case, which 
imposes restrictions on the exercise of religion, must be 
measured against the government interest served by the statute.  
State v. Yoder, 49 Wis.2d 430 (1971), affirmed Wisconsin v. 
Yoder, 406 U.S. 205 (1972).  
	In spite of defendant's efforts to make distinctions, this 
case is amazingly similar to the Wisconsin case, State v. Peck, 
143 Wis.2d 624.  As in the Peck case, the State concedes that 
Matteson is a sincere practitioner of a bonafide religion; that 
his use of marijuana is a religious practice rooted in his 
sincere theological beliefs and that the Statutes prohibiting the 
manufacture of controlled substances impose a burden on 
Matteson's first amendment right to use marijuana in his 
religious rituals.  
	I believe that the question in this case is the same as the 
one in Peck, i.e. whether the State can show that it has a 
compelling interest in regulating such conduct.  Can the State 
show an "overriding" interest as required by United States v. 
Lee, 455 U.S. 252 (1982)?  
	Much testimony was received in this hearing that marijuana 
is not a health hazard nor a threat to social welfare.  One 
witness thought it should be reclassified.  It is obvious that 
there are conflicting opinions as to the threat or danger to 
individuals or society by marijuana use.  Nevertheless, 
Wisconsin's Legislature has determined that manufacturing 
marijuana is an act that should be subjected to criminal 
penalties.  A trial Court may not substitute it's own judgment 
for that of the Legislature.  I conclude that the State's 
interest is of sufficient magnitude to override Matteson's first 
amendment interest in using marijuana as a daily sacrament.  
	Chapter 161 exempts the Native American Church from its 
penalties with respect to religious use of peyote and mescaline.  
A similar exemption appears in Federal drug laws.  But this 
Court, as other Courts have before, including Peck, holds that 
the separate treatment of the Native American Church does not 
result in an unconstitutional classification violating 
defendant's equal protection of the laws.  The Native American 
Church's exception is based upon unique cultural and historic 
attributes of native americans.  This does not appear to be the 
only distinction based upon their unique status.  
	The defendant's motions will be denied by separate order and 
the case will proceed to trial.  
	Dated this 27th day of July, 1993.  
	BY THE COURT:  
	Michael Kirchman, Circuit Judge 


State of Wisconsin v. Michael Matteson 
Crawford County No. 92-CF-10 
	October 2, 1993 - Defense files a 9 page brief with the 
District IV Court of Appeals requesting a Writ of Prohibition 
directing the trial court to adjourn the scheduled trial on the 
grounds that the defendant's co-council, "a nation-wide expert in 
the area of constitutional rights and freedom of religion," was 
unavailable.  
	November 2, 1993 - Judge Gartzke of District IV Court of 
Appeals denies defendant's Writ of Prohibition.  
	November 2, 1993 - State of Wisconsin files a Motion in 
Limine asking the court to prohibit the defendant from using a 
"religious use exemption" theory of defense.  
	November 5, 1993 - Agreement between the defendant & state 
to a "stipulated trial."  
	November 9, 1993 - Judge Michael Kirchman grants state's 
request for Motion in Limine and finds defendant guilty based on 
facts.  Defendant files Notice of Intent for appeal.  
	December 8, 1993 - Defendant is sentenced to five years 
probation, $500 contribution to Crawford County Crime Stoppers, 
$500 contribution to Crawford County DARE Program, reimburse the 
state for the cost of the attorney's fees, seek and maintain 
full-time employment, and incarceration in the Crawford County 
Jail for a term of 90 days.