[420 Girl]

Robert George Henry is free on bail for now, but the conditions might be a little hard for him to live with.

Henry, 48, of Fannettburg, Franklin County, was arrested in October 2007 on charges of unlawful possession of marijuana with intent to deliver, unlawful possession of marijuana and drug paraphernalia, and driving under the influence of a controlled substance.

He argued that marijuana use is part of his religion and therefore ought to be protected, but Cumberland County President Judge Edgar Bayley rejected that approach. Bayley found him guilty during a non-jury trial in May and sentenced him Tuesday to serve up to 23 months in Cumberland County Prison.

However, when informed by Henry’s attorney, George N. Marros, that he planned an immediate direct appeal, Bayley agreed to let Henry out on $100,000 bail, already posted, pending the appeal.

But Bayley had barely issued the order when prosecutor Derek Clepper, Cumberland County senior assistant district attorney, asked if he could make one condition — that Henry not be allowed to use marijuana while on bail.

“That, my friend, is unnecessary, as it is against the law,” Bayley replied. “As he well knows, despite his protests.”

Religious practice

Henry testified previously that he has been using marijuana since he was 13 and that he has long grown his own marijuana organically, starting every day with pot and prayer. In January, he joined The Hawaii Cannabis (THC) Ministry, which claims the use of cannabis as a cornerstone of its religion, he said.

Clepper has pointed out that Henry became a member of the church only after his arrest, but Marros has said he expects the issue on appeal to hinge more on the fact that Henry has been “practicing his marijuana use since the mid ’80s.”

Marros expected the finding from Bayley and has said he did not think a Common Pleas Court judge “would rule on such a serious issue as this.” That is what the Superior Court is there for, he said.

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