Think of it as one of the defining mantras of America’s church-state orthodoxy: state officials are supposed to avoid getting entangled in deciding what is good doctrine and what is bad doctrine. They are, of course, allowed to worry about matters of profit, fraud and clear threat to life and health.

However, the legal powers that be have also had wrestle with other questions tied to the stunningly liberal (in the old sense of that word) framework created by the First Amendment: Who gets to decide what is a “religion” and what is not? How does the state decide who is sincere and who is, well, sleazy?

You can see all of these issues rumbling about in an important New York Times piece that I have been trying to sort out for some time now. This topic has been covered before (click here for earlier GetReligion posts), but this story — in my opinion — probes deeper. Here is the sweeping double-decker headline:

Inside the War for California’s Cannabis Churches
Illegal marijuana dispensaries outnumber legal ones more than three to one in California. What’s the role of the cannabis church?

Now, church-state experts have — at the U.S. Supreme Court and in Congress — wrestled with issues related to religious rights that involve drugs that are or have been illegal. It’s natural to ask if these religious organizations are offering rites incarnating centuries of religious traditions and doctrines (think Native Americans and peyote) or are they modern innovations to help people avoid laws they do not accept?

At first, I thought that money questions were going to completely dominate this Times piece — which is understandable. Is the Jah Healing flock a church or a cannabis storefront? I was glad when broader church-state issues entered the discussion.

With apologies for a tired old pun: Should church leaders talk about going to pot?

As California this year becomes the eighth state to legalize “recreational” marijuana (as opposed to “medical” uses), what do American religious groups have to say about this cultural lurch?

Not much, says an accurate complaint in The Christian Century’s Jan. 3 cover story “Talking About Marijuana -- in Church.” Author Adam Hearlson laments that churches are hesitant to openly discuss such a pertinent issue, and implies they should consider support for liberalization.

It's past time for the news media to consult religious thinkers about this.

Church wariness is reflected in the fact that the “mainline” Protestant magazine itself identified Hearlson only vaguely as “a minister, writer, scholar.” In fact he teaches preaching and worship and directs the chapel at the nation’s oldest seminary, Andover Newton (which after years of decline is about to shut down and be absorbed by Yale Divinity School).

One obvious story peg is that Attorney General Jeff Sessions has overturned Obama Administration policy, giving federal prosecutors discretion to enforce anti-pot laws, even in states where it’s legal. Both parties in the U.S. Congress have kept such laws on the books, and Department of Justice concern did not originate with the Trump Administration (.pdf document here).

Leaving aside libertarians who insist government should simply leave us alone, proponents offer three key arguments for an open “recreational” market: