The Guam Supreme Court noted that it would be inconsistent to allow a Rastafarian to use marijuana without providing a legal way for him to acquire it.

—the court found the government had not sustained its burden in demonstrating that the prohibition against marijuana served a compelling governmental interest.

While it discussed whether RFRA was constitutional as applied to Guam as a federal instrumentality, its decision was based on its own interpretation of § 1421b (a).

—available at http://www. aclu. org/Files/OpenFile. cfm? id= 11210 (last visited Feb. 12, 2003). 3 Id. 4 Id. 5 Id. "

The court noted, however, that regardless of RFRA's applicability to Guam, it would have decided in favor of Guerrero.

—territorial constitutions; and a demonstrated unwillingness of many federal courts to distinguish or overturn precedents hostile to territorial rights

"| 1." The Supreme Court of Guam has jurisdiction under 8 Guam Code Ann. §§ 13020 (a)(5) and 13060 (1993). "

Id. 1 4 Id. at T 4. 135 Id. "3 A law is" inorganic "if it goes beyond the authority of the Organic Act

As such, it was error for the Supreme Court of Guam to conclude that "[d] espite the similarity of the two provisions, this court can reach its own conclusions on the scope of the protections of section 1421b (a) and may provide broader rights than those which have been interpreted by federal courts under the United States Constitution."

[PDF] When Deciding Guam v. Guerrero

[PDF] Constitutional Court of South Africa

[CITATION] UC Davis Law Review