Struggles within ONAC regarding Sacraments
This article is going to address issues regarding the following email message received by many Oklevueha Independant Branches. It is said that way because apparently not All Independant Branches of Oklevueha have received a copy of this email yet. Below, you will find a copy of the email which is in red text, and in it, you will see parenthacies with numbers within it in black text, these are the 10 points that this article is specifically geared toward addressing. The points will then be addressed again in black text immediately below the email.
September 15, 2016
SUBJECT: COMPLIANCE FOR ALL ONAC CANNABIS BRANCHES
Dear ONAC Branch,
Due to recent legal actions brought against some of our family church branches. The Mother Church has decided the best course for Oklevueha to practice is to ensure all of our branches are in compliance with the Code of Ethics, Code of Conduct and also comply with local, and state cannabis regulations. (1)
To rectify some of the legal liability for each branch, we have identified the importance to be compliant in all areas. This policy was discussed and agreed upon well before this date. However, there have been so many legal attacks, that we are just now getting this letter to you. It is imperative that all branches work with the Center for Indigenous Legal Affairs (CILA) and complete a compliance review questionnaire. (2) All cannabis branches will be implementing new card systems through the compliance program. This is important for our future.(3)
CILA is the legal firm retained by the Mother Church (4) and can assist you with compliance as well as other legal affairs (such as corporation filings, 501c3 status, and agreements needed for your closed circuit farms). Branches must work with CILA to complete the compliance and implement the card systems. Any violation of this participation will result in a letter of distrust to the branch(es) that elect not to do the compliance.(5)
As our family grows, it is imperative that policies and procedures are followed to diminish the legal threat that we face. Although there is no guarantee that being in compliance will not bring about legal actions, it will help if and when there needs to be a defense.(6) The compliance process and implementation of new policies in conjunction with the First Amendment defense will be only beneficial to all of you.
It is recommended that ONAC branches not advertise as a dispensary. ONAC is a church that provides sacrament. If your branch is advertising as a dispensary, please remove these ads immediately. It is also recommended that each branch identify a local attorney who is well versed in cannabis laws and the First Amendment defenses. Once you have identified local counsel, you should retain that attorney (7). Local attorneys must work with CILA to ensure our defenses are the same in each case.(8) Any local attorney that you have retained can be referred to other local branches in your area. This establishes a united front legally and ensures our defenses are used to assist with your defense. Please forward all information regarding local counsel to CILA. As well, just as branches should have an accountant/CPA doing taxes, local representation. Page 2
One of the paralegals from CILA will be contacting you. Please adhere to the compliance information that is provided to you.(9) As we grow with branches and members, ONAC will be more organized and our status as a Federally recognized church becomes stronger.
Please note our retained legal firm, The Center for Indigenous Legal Affairs, prepared this letter. It is my desire for all branches to adhere and implement these policies.(10)
SIGNED BY JAMES MOONEY.....
Let us begin first with making the statement that Oklevueha Native American Church is a whole, meaning that the fact that it is being attempted to segregate Independant Branches from one another based on which healing sacraments they use is rather detrimental to the whole of the church. As being pointed out by long term Oklevueha Independant Branch leaders, Nowehere EVER in any of our charters was it distinctly determined that an Independant Branch was ever limited or restricted to practicing with only ONE earth-based healing sacrament, nor was it ever distinguished which Independant Branch could or was obligated to practice with Any sacred sacrament. This policy in which they now speak about and address, remains unknown and non-existent and therefore not relivant to Independant Branches established prior to the date of this email, to say the very Least!
It is disturbing to many that now, all of a sudden, a Law Firm who apparently has been "Retained by the Mother Church" has suddenly stepped into the scene and has created a division amongst the Independant Church Branches of Oklevueha. How does this happen? The greater Majority of Oklevueha members as well as Independant Branch leaders will attest that they have Yet to even be formally introduced to this new law firm retained by the Mother Church. Some will affirm having Asked for the means and ability to contact them, but have Yet to receive any form of contactable information to them. Yet they are separating one from another, and then intentionally Targeting a select view based on their use of sacraments - is this not any differentthan what we are suffering already as a church - sideways looks and lack of respect owed us Because of our free choice to use earth-based medicines? If we stand on that being wrong and illegal for society to do to us, and too, officials within and employed by society to do, then how is it that we are to accept it as OK behavior for "Retained" EMPLOYEES of ours to do to us from within?
Beginning with point of concern (1), which is that Independant Branches are Now being told that they are to "comply with local and state cannabis regulations." This is out-right Contradictory to the overall standing of Oklevueha Native American Church. We are a "Church", meaning that we are Separate From, as well as Not Governed BY "State or local Regulations" period, and for most of us who came into Oklevueha, especially Independant Branches, that point of fact was out-right Emphasized as being among the main Benefits of being Oklevueha and especially more-so an Independant Branch thereof. This was NOT a part of Any of our agreements or guidelines, nor was it in any of the Codes of Oklevueha including to date, the Only place such is being told to us is via this email, which again, not ALL Oklevueha Independant Branches have even been sent or received.
Point of concern (2) has two parts in which warrants addressment, First being that the email states "It is imperative that all branches work with" this new law firm. If this is the case then why have not All Branches been sent this email? Also too, WHY is it "Imperative"? Another question is, if the Independant Branches are going to be forced To work with the people in this law firm, should we all not have the right to actually become aquainted with them, preferably BEFORE we become forced to work with them?
The second part of point (2)'s concerning statements is in regards to the Independant Branches being told that they have to "Complete a Compliance Review Questioneer". The logical first point to be made in response to such an instruction is "What is the Standard Of such Compliance?" There is nothing in Any of the Oklevueha Codes that define nor even state that there is some sort of "Compliance Expectation" set upon the operations of an Independant Branch. Even as of this very moment, no such regulation standard has even been introduced much-less Given to the Independant Branches of Oklevueha Native American Church, not even to one much-less some or ALL.
Moving ahead to point of concern (3) of this email, is that it is Prejudice toward only Certain Independant Branches of Oklevueha Native American Churches, specifically targeting only those Independant Branches whom use Cannabis as their sacred sacraments. Look closely at it's wording: "All cannabis branches will be implementing new card systems through the compliance program. " and then Say that they are not ONLY targeting the branches whom use cannabis as among their sacraments! Rumor has it, each Independant Branch of Oklevueha whom use cannabis as among their sacraments will be Expected to pay this law firm $1,000.00 FOR the machiene that will produce these cannabis sacrament Tracking cards! And yes ladies and gentlemen, that is EXACTLY the point of this newly infringed "Card System" indeed, to track the possession and use of Cannabis Sacrament throughout Oklevueha. This is very alarming as well as offensive to many as it is clear that Cannabis sacrament ALONE is being targeted as well as attempted Regulated by this new law firm representing our Mother Church!
Point of concern (4), has already been being addressed thus far, and will throughout this article, which is that this law firm "Has been Retained by the Mother Church". Why for what purpose? One would Presume that the Mother Church would "Retain" an attorney firm to PROTECT the rights and best interest of the Whole of Oklevueha Native American Church, including the Independant Branches, and Especially if all the Independant Branches are now being told that we "Must Comply" and "Work With" them, right?! Something seems to be askew here, but let's proceed forward anyway until we get through All the concerning points, and Then address this "Email" as a whole.
The concern found in point (5) is that it is an out-right THREAT against the Independant Branches of Oklevueha Native American Church, look closely and carefully at it's wording: "Any violation of this participation will result in a letter of distrust to the branch(es) that elect not to do the compliance." - How could this be taken in Any Other Way than being a THREAT to the Independant Branches of Oklevueha? They are Clearly Demanding that the Independant Branches "Participate" in this "New System" of functioning they are creating for Oklevueha. Sure, they Insenuate that the Independant Branches have a Choice, but ultimately before ending that sentence they make it clear that they intend on PUNISHING any Independant Branch If they do Not, so why try to make it out as if there's an option and say the Indpendant Branches can "Elect not to do the compliance" if ultimately either they Do or else they're Punished and labeled as being "Distrustable"? Again we point out - What is their "Standard" of compliance expectation anyway, shouldn't that be given to the branches Before a THREAT of punishment for not complying of meeting their "Standard"?!
Concerning point (6) of this email, is how, just after Threatening the Independant Branches by trying to coerse them into "Compliance", they state that even Being in such Compliance (which still has Yet to be revealed) will not necessarily Protect the Independant Branches from legal conflict, which ultimately is why they apparently feel they need to set a compliance standard and force all to follow in the first place, but the ey go on to say that "it will help if and when there needs to be a defense. " How do they KNOW that it "Will Help" if it has yet to happen where it could be Considered much-less proven to be of "Help"? That is a presumptive statement to say the least, and especially since no one has even been given their standards, nor implimented them into an Independant Branch at all, much-less one of the many already currently under state and or other legal attack, how do they KNOW it "Will" do anything at all as far as defending an Independant Branch of Oklevueha realistically speaking?
Moving ahead to concern point (7) of this email, is that though they are declaring themselves as the law firm "Retained by the Mother Church" and therefore trying to Insist that they suddenly have jurisdiction Over the Independant Branches of Oklevueha Native American Church, so much so that either we blindly confirm to their instructions OR face Punishment and a Black Eye to the reputation of our Independant Branches, but now they are attempting to instruct Us to not only "Find" but to then "Retain" for ourselves the "Local Attorney" they are just here instructing Us to find. To be point-blank here, what in the HELL is this?! This is insane! If This law firm has been "Retained" for the Whole of Oklevueha, then shouldn't They be the ones Defending the whole of Oklevueha? If "Local Counsel: is needing to be sought out for the Independant Branches of Oklevueha, then isn't that THEIR JOB to do opposed to the Independant Branches?! And suddenly now too, the Independant Branches are being FORCED to HIRE attorney's - really, whether needed or not? But oh, this get's Better, watch...
Point of concern (8) clearly states that according to these people, though They have been "Retained" by the Mother Church, to oversee and apparently Govern over each of All the Independant Branches as the churches "Legal Counsel", and point 7 then says that in turn, the Independant Branches are now REQUIRED to not only seek out, but to actually HIRE ourselves Local Counsel, NOW right here they are then ORDERING that the Independant Branches hired counsel ANSWER TO THEM! Yes, you read that right, look closely at their words: "Local attorneys must work with CILA " THIS is Beyond acceptable or tolerable of these people to try and do, period. Who do they Think they ARE?!
Before the emotions get too hot, let's address the last two points right quick just so they're made. Concerning point (9) is that they ask that the Independant Branches "Please adhere to the compliance information that is provided to you." - in which lyes the concern... NONE has been given to Anyone! The Only information thus far given, and again, not to All of the Independant Branches mind you, including those declared "Cannabis Churches", is this email containing these orders and threats If we don't blindly willingly jump through whatever this new law firm dreams up in effort of Regulating our churches!
The last point of concern found in this email of their's, is labeled as (10), which insenuates that James personally himself as co-founder of our Mother Church, wants us to conform to and "Impliment" these peoples instructions and demands upon the Independant Branches without even having a Voice or say about them. Look closely again at the wording, as it insenuates that the Independant Branches have a Choice in this: "It is my desire for all branches to adhere and implement these policies. ", and yet too, immediately after this plea for cooperation, the entirety of the email is "Signed James Mooney" suggesting that he constructed this email?
Now, let's get to the bottom line reality of fact regarding this email and it's orders and threats shall we. First off, this CILA are completely Out of Line in their approach towards Oklevueha Native American Church. As our Co-Founder himself will tell all, Oklevueha is a church that practitions with All Earth-Based Healing Sacraments PERIOD. Oklevueha has nor sets any limits, nor do Any of the Independant Branch charters specify that a branch is using or Limited to the use of any ONE sacrament substance period! If the CILA are going to present themselves as the legal counsel for the whole of Oklevueha Native American Church then first they need to realize and accept that reality, opposed to waltzing in and attempting to separate and segregate one from another such as they Clearly are by the text within this email.
For these people to then go so far as to Boldly TARGET and in turn then THREATEN specifically the Independant Branches whom use Cannabis sacrament is BEYOND reprehensable! Who do they think they Are to come across in such an offensive and prejudicial way toward their EMPLOYERS?! If they were "Retained" by Oklevueha then do they not work FOR Oklevueha? So then why is it being made to seem as if it's Oklevueha who must comply and Submit to They and their wants and instructional Demands, shouldn't that be the Other way around? This aptitude if flat unacceptable and Needs to be Immediately Corrected in these peoples minds and too, come back to the Independant Branches with a formal Apology, not to mention a more approperiate attitude in the future.
If the CILA are in fact willing to be the legal representation Of Oklevueha Native American Church, then they need to respect us for who we are and for what rights we stand in effort of preserving for our members, period, not focus on trying to regulate us nor Victimize we or our sacraments just because it can be done and is being done daily outside the boundaries of Oklevueha. If they wish to regulate cannabis then they should be retained by canna-business and such organizations which gear toward having cannabis regulated rather than Liberated, we the Independant Branches of Oklevueha who do use cannabis as among our primary sacrament substances perfer that cannabis be Liberated opposed to regulated because that it what rightly deserves needing to have happen.
For the CILA to be so aggressively taking this road of regulation within the confines of Oklevueha Native American Church is completely detrimental to the best interest of both our church as well as our members, and should Not be tolerated. Why would they do so is the next logical question, obviously they Believe they can, else SOME would Not have received this email of upset! One of two reasons Must be among their foundation of reasoning, either they want cannabis Regulated within Oklevueha, or, they want to Eliminate cannabis from Oklevueha, one of the two, and if it's neither then we would sure like to hear their reasoning behind this. Throwing around the terms Compliance Standards, Inspections and Card tracking system requirements on Cannabis ONLY sacraments within the church seem to paint a clear picture to many, a very upsetting one.
As said and is repeated by many, Up until this email, Oklevueha has had no proticol, guideline, expectation or otherwise Specifically on cannabis using branches. Nothing was ever stated in any charter as to an independant branch being a "Cannabis" ir any other Oklevueha church. Independant Branch leaders have Always been assured by James as well as the Mother Church that we are "Without limit" as to the utilization of our sacraments so long as they are "Earth-Based Healing", no more than have there Ever been talk of inspections or tracking systems involving neither Independant Branches or those encompassing sacraments. IF this is the direction that the Mother Church intends to go, then it would have been approperiate to have counseled with their Independant Branches BEFORE hiring a law firm and giving them green lights to attempt to enforce it!
As far as most Oklevueha Independant Branch leaders are concerned, this simply "Does not Apply to Us because our charters were issued to us Before talk of implimenting such rules." Some talk of actually denouncing ONAC and relinquishing their Independant Branches while others strive for Unification and standing against them and these hindering prejudicial efforts. "Oklevueha has a unique standing when it comes to our rights regarding sacraments, and with that, comes obligations and responsibilities to and encompassing them, first and foremost being the needs of our Members, this coarse serves no benefit to them, nor do they bring any honor toward the sacraments or our church, therefore it is our duty to oppose them."
It is rather alarming to say the least that such a position would be sought after by our Mother Church.
