Thomas Fisher, representing the state, says the case is about being able to consume an illegal drug, not exercising religious freedom. And he says the group does not meet the criteria of a religion.

The church's attorney will use the Religious Freedom Restoration Act to help his case.

Founded amidst controversy over the state's new religious freedom law, Indiana's First Church of Cannabis Wednesday hosted its first service on the same day the law went into effect.

At a church building on Indianapolis' east side, the state's new religious freedom law is getting a different kind of acknowledgment - as the First Church of Cannabis prepares for its inaugural ceremony. Church founder Bill Levin created the church as a possible test case for the new law.

Indiana's First Church of Cannabis will not be using any of its namesake herb at the inaugural service scheduled for Wednesday, the church's founder announced Monday afternoon.

Anyone who smokes, possesses, or hands out marijuana, or even shows up, at the First Church of Cannabis' inaugural services planned for Wednesday could be arrested or face other charges, police and the Marion County prosecutor warn.

The church that was formed after Indiana's RFRA law was passed is planning it's first service the same day the law goes into effect.

Indianapolis man gets approval for the First Church of Cannabis.