Editing Church of Cognizance (section)

==Founders' arrest, prosecution and sentencing==

On February 22, 2006, the founders of the Church of Cognizance, Danuel and Mary Quaintance, were arrested with 172 pounds of marijuana. They asserted that the marijuana was for religious use, an argument which US District court judge Judith C. Herrera rejected outright. The federal judge stated that the evidence shows the two created the church and beliefs as a way of justifying their lifestyle choice to use marijuana and their belief that marijuana should be legalized.  She further stated they cannot avoid prosecution for illegal conduct by simply calling their conduct a religion.  Also it was noted that the monasteries were all located in members' homes.  The church states a "declaration of religious sentiment" on behalf of the Church of Cognizance was filed with the Graham County Recorder's Office 12 years prior this arrest in 1994. Further noted was that the Quaintances had not faced any prior criminal charges related to their church and that they do not grow marijuana but pick it up from church "couriers", which is what they were doing when they were arrested.  Both founders stepped down as leaders of the church following their arrests. But the couple hope to one day resume what they view as their worship.<ref>[http://azstarnet.com/lifestyles/faith-and-values/court-overrules-church-s-use-of-pot-as-sacrament/article_55458b9c-880d-5aaf-a4cf-5c424612aa3e.html ''Arizona Daily Star - Court overrules church's use of pot as sacrament '']</ref>

On August 18, 2008, they both pleaded guilty to two counts. One count of conspiracy with intent to distribute 200 pounds or more of a mixture or substance containing a detectable amount of marijuana; and one count of possession with the intent to distribute 100 pounds or more of a substance containing a detectable amount of marijuana, as well as aiding and abetting.  They faced up to 20 years in prison if convicted. Danuel Quaintance is serving{{When|date=November 2017}} a five-year sentence at a facility at the Federal Correctional Institute in Terminal Island, California, near Long Beach. Mary Quaintance is serving two years at the Victorville Federal Correctional Complex in Adelanto, Calif.<ref>[http://www.kpho.com/news/20943492/detail.html "Pot Church Copes With Jailed Leaders"] {{webarchive|url=https://web.archive.org/web/20110614055400/http://www.kpho.com/news/20943492/detail.html |date=June 14, 2011 }}</ref>

Although they both were confident that an appeal based on their claimed religious use would keep them out of prison,<ref>{{Cite web |url=http://www.azstarnet.com/sn/faith/256138 |title="Arizona Daily Star - Pot-deifying duo guilty, confident they'll avoid prison" |access-date=2008-09-27 |archive-date=2008-11-08 |archive-url=https://web.archive.org/web/20081108134908/http://www.azstarnet.com/sn/faith/256138 |url-status=dead }}</ref> a unanimous three-judge panel of the 10th U.S. Circuit Court of Appeals on May 19, 2010, affirmed the denial of the couple’s RFRA defense in ''United States v. Quaintance''. The panel agreed that evidence in the case established that the Quaintances had failed to establish that their beliefs about marijuana as a sacred substance were sincerely held, further concluding that “the record contains … overwhelming evidence that the Quaintances were running a commercial marijuana business with a religious front — particularly in this transaction aimed at securing bail money for Ms. Quaintance’s brother.” <ref>[https://web.archive.org/web/20100713031740/http://www.firstamendmentcenter.org/news.aspx?id=22979 ''Church founders can't escape drug charges  '']</ref>