Church of Cognizance

In 1994, the Quaintances recorded a 16-page "Declaration of Religious Sentiment" concretizing the establishment of their church.[2] The COC Founders recording announced their intent to unite the world's ethnic minorities that utilize and rely upon the cannabis hemp plant as an ethno-socio-religious institution following Neo-Zoroastrian tenets.

While COC members are encouraged to study all of the world's religions, the Zoroastrian Avesta is held by them to be the least convoluted and most ancient source supporting their practices and beliefs. Numerous references to Haoma may be found in the Avesta.[3]

In 2006, the COC with 40 to 50 members in Arizona, nationwide had 72 registered Individual Orthodox Member Monasteries (IOMMs), which are located inside members' homes.[4]

To become a "registered member" of the COC, a candidate must read a pamphlet titled "The Church Of Cognizance Introduced".[5] The pamphlet includes the below stated beliefs, description of organization, and the membership pledge of the church. If the candidate is in agreement with the beliefs, organization, and pledge, they then must then fill out, and sign their PLEDGE and return it to the designated address.[6]

On February 22, 2006, the founders of the Church of Cognizance, Danuel and Mary Quaintance, were arrested with 172 pounds of marijuana. They asserted that the marijuana was for religious use, an argument which US District court judge Judith C. Herrera rejected outright. The federal judge stated that the evidence shows the two created the church and beliefs as a way of justifying their lifestyle choice to use marijuana and their belief that marijuana should be legalized. She further stated they cannot avoid prosecution for illegal conduct by simply calling their conduct a religion. Also it was noted that the monasteries were all located in members' homes. The church states a "declaration of religious sentiment" on behalf of the Church of Cognizance was filed with the Graham County Recorder's Office 12 years prior this arrest in 1994. Further noted was that the Quaintances had not faced any prior criminal charges related to their church and that they do not grow marijuana but pick it up from church "couriers", which is what they were doing when they were arrested. Both founders stepped down as leaders of the church following their arrests. But the couple hope to one day resume what they view as their worship.[8]

On August 18, 2008, they both pleaded guilty to two counts. One count of conspiracy with intent to distribute 200 pounds or more of a mixture or substance containing a detectable amount of marijuana; and one count of possession with the intent to distribute 100 pounds or more of a substance containing a detectable amount of marijuana, as well as aiding and abetting. They faced up to 20 years in prison if convicted. Danuel Quaintance is serving a five-year sentence at a facility at the Federal Correctional Institute in Terminal Island, California, near Long Beach. Mary Quaintance is serving two years at the Victorville Federal Correctional Complex in Adelanto, Calif.[9]

Although they both were confident that an appeal based on their claimed religious use would keep them out of prison,[10] a unanimous three-judge panel of the 10th U.S. Circuit Court of Appeals on May 19, 2010, affirmed the denial of the couple’s RFRA defense in United States v. Quaintance. The panel agreed that evidence in the case established that the Quaintances had failed to establish that their beliefs about marijuana as a sacred substance were sincerely held, further concluding that “the record contains … overwhelming evidence that the Quaintances were running a commercial marijuana business with a religious front — particularly in this transaction aimed at securing bail money for Ms. Quaintance’s brother.” [11]

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