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'Marijuana church' founders facing prison

09:44 AM MST on Friday, September 5, 2008

TUCSON, Ariz. (AP) -- The founders of an Arizona church that deifies marijuana have pleaded guilty to two criminal charges.

Dan and Mary Quaintance are each facing up to 20 years in prison. Sentencing in federal court is set to take place within the next 75 days, but the Quaintances are confident an appeal will keep them out of prison.

The couple pleaded guilty Aug. 18 to two counts relating to their 2006 federal arrest - 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.

The sentence will depend on the discretion of the judge.

Dan Quaintance believes freedom of religion will prevail, and predicts the case could go as far as the U.S. Supreme Court.

"It was tough to plead guilty, but really we were just pleading to what we said we did. There is no doubt we had marijuana with us," he said. "We think ultimately the courts will see that we are just people using marijuana for our religion. It's the First Amendment. We think we've got a pretty good case."

The Quaintances live in Pima, some 90 miles northeast of Tucson.

They founded the Church of Cognizance in 1991 in Pima and returned to their home after pleading guilty.

The couple, both in their 50s, had attempted to have the charges against them dismissed on the grounds that marijuana is part of their religion.

A U.S. District Court dismissed that appeal, and the Quaintances said that's why they pleaded guilty - without the religion defense they knew they'd be convicted at trial.

Now that the case has been concluded, the appellate court is expected to reconsider the religious argument.

The Quaintences stepped down as leaders after their arrests.

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Information from: Arizona Daily Star, http://www.azstarnet.com

© 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.

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