PHOENIX (AP) -- The Arizona Supreme Court agreed Tuesday to review a lower court's ruling that there is no constitutional right to use marijuana for religious purposes.
The state Court of Appeals' July ruling upheld the conviction and sentences of Danny Ray Hardesty in Yavapai County for possession of marijuana and possession of drug paraphernalia.
Hardesty argued that he was entitled to use marijuana under religious freedom protections of the state and federal constitutions.
The Court of Appeals acknowledged that courts have ruled that use of peyote for a bona fide religious belief is a defense to prosecution.
But the ruling said marijuana use is more pervasive and that the uniform ban on possession and use is a legitimate restriction imposed by government.
