The 2014_CJS_PotAmendment that President Obama just signed into law basically overturns all of the religious use of marijuana convictions that have occurred to date. This is because under RFRA and RLUIPA Congress provided for a method to test an alleged violation of the marijuana laws by demanding the government prove that the alleged violation poses a threat to public health and safety. Most of our religious use cases have been denied because the judge ruled that since marijuana is a schedule I drug that cannot be used except under strict medical research protocols under the federal drug law, the RFRA protections cannot be used at trial. The law cannot be questioned or challenged.
Now that Congress has passed specific exemptions to federal prohibition of marijuana, for medical use in those states that have approved of it, therefore there is no absolute blanket prohibition, and now our cases can be appealed on the basis that the relevant evidence of guilt was never presented to the jury at trial because of the ruling of the judge – which was challenged at that time and has since been super ceded by this current Amendment.