Founder Of International Church Of Cannabis Stands Trial

DENVER (CBS4) - A founder of a Denver church that uses marijuana in its sacraments is on trial for misdemeanor charges of possessing and using marijuana. The owner also faces violations of the state's Clean Indoor Air Act. It stems from an event on April 20, 2017 at the International Church of Cannabis at 400 South Logan Street.

It was a Lutheran church dating back many decades, but the decorations on the outside give a clue it has changed dramatically on the inside.

One of the founders of the cannabis version of the church is Steve Berke.

"The church believes cannabis is a sacrament that can elevate them to better version of themselves," Berke told CBS4's Rick Sallinger.

He insists the event in April was by invitation only. He says the church is also his residence and it's legal to use marijuana in private residences.

He adds they even had lawyers who contacted the city attorney's office to make sure it was legal. He said event staff members were hired to check invitations at the door.

Kenny Breeding was one of those present to take part in the event.

"It was by invite, and I understand law enforcement circumvented the security on purpose."

Some undercover officers got in, while others did not. Prosecutors claim anyone with a legal address could get an invitation to the event inside the church. The city says it amounted to public consumption of marijuana.

Eric Escudero is a spokesman for the City of Denver Marijuana Policy Office.

"In this case Denver found that it was public consumption. We tried assist, we tried to help, tried to prevent them from doing unlawful activities. Unfortunately, it appears they didn't heed our advice," he said.

But the defense asked why a founder of a church has been charged and not the organizers of events such as the annual 4/20 smoke out and concerts.

"If you look at Red Rocks owned by City and County of Denver they are consuming cannabis every single night," Berke said.

In opening statements prosecutors told the jurors that some undercover officers got in without invitations, but defense attorney Rob Corry said he will call a witness who was turned away because of not having an invitation.

He said no marijuana was recovered as evidence to show that it was not hemp being consumed.

The trial is expected to last up to three days. The penalty involves a fine if Berke is found guilty.