scope of prohibitions. Mandatory incarceration was also introduced for infractions which resulted in cannabis/ marijuana having a comparable status to that of opium.41 Criminalisation elsewhere in the region came later with the introduction of Dangerous Drugs Ordinances in the then British territories in the 1930’s pursuant to the 1937 Dangerous Drug Ordinance in the UK. In Jamaica criminalisation of cannabis/ marijuana is associated with the rise of Rastafarianism, whose members were stereotyped as criminals and cultism.42 3.5. In spite of negative stigmatization and extensive measures to stem its proliferation and use in the Caribbean, cannabis consumption has expanded beyond the sphere of Rastafarianism. However, such a scenario did not unfold within a vacuum, since Jamaican reggae music played a pivotal role by romanticizing cannabis use, advocating less draconian legislative restrictions and facilitating its spread and social acceptability43. Marijuana therefore, against all odds, battled its way into Caribbean popular culture and is recognized internationally as a core feature of not just the Jamaican national identity, but as a part of Caribbean identity. Given the prevalence and historical usage of cannabis throughout the region and across all races and social classes, the question for consideration is whether the law should be divorced from the social customs and practices where serious harm cannot be demonstrated and benefits accrue.
Use in Religious Practices 3.7. In the Caribbean the debate surrounding religion and cannabis primarily revolves around its use by Rastafarians. However, marijuana use for religious purposes may be traced to Taoism and Hinduism, both of which are evident in the region. With regard to the Taoist, a 4th century BC ancient Chinese belief system, cannabis was used in ritual incense burners to eliminate selfish desires and attain a state of naturalness44. It was also used by Taoist priests and shamans to communicate with good and evil spirits 45 and reveal truths about the future46. 3.8. Similarly in Hinduism one of the oldest books, the Atharva Veda, identified cannabis as one of five sacred plants and worshipped it47. Moreover, the Vedas referred to cannabis as a source of happiness, joy and liberation that was compassionately given to humans to help with the attainment of delight and abandonment of fear48. 3.9. The Vedas also provided an account of the Hindu God Shiva bringing the plant down from the Himalayas for use and enjoyment 49 and thus Hindu devotees on occasion offer cannabis to Shiva during religious ceremonies50. Within Hindu spiritual practices cannabis is used in three forms: bhang, a milky drink made from cannabis leaves and buds; charas, a type of hash made from resin; and ganja, the smoked buds51. The consumption of bhang cannabis milk is considered to be a holy act which cleanses and purifies the body during religious festivals52. Hindus also frequently use chilams, a clay pipe, to smoke cannabis and charas.53
Religious Views, Rights and the Rastafarians
Bandopadhyay (2015). Louis Moyston, The ganja law of 1913: 100 years of oppressive injustice, Jamaica Observer, December 02, 2013. http://www.jamaicaobserver.com/columns/The-ganja-law-of-1913--100-years-of-oppressive-injustice_15548584 42 The increased criminalisation of cannabis use accompanied the rise of Rastafarianism in Jamaica especially around the periods that followed the raid on the Pinnacle Community in 1941, the Claudius Henry incidents in 1959 and 1960, and the Coral Gardens episode in 1963. It was maintained by many in the early days of the movement that there was a strong link between cannabis use and criminal conduct, even though research tended not to support that inference. For example, the Jamaican Prime Minister gave warnings about his intention to radically change the existing drug laws at about the same time as the Coral Gardens incident in 1963. Despite the declarations that regulation of cannabis was related primarily to international concerns, an interest in controlling violent crimes locally seemed to inform the debates and was reflected in the actual amendments. 43 Hamid (2002) 44 https://www.royalqueenseeds.com/blog-a-brief-history-of-cannabis-use-in-world-religions-n624 45 Ibid. 46 https://www.leafly.com/news/cannabis-101/cannabis-a-gift-from-the-ancient-gods. 47 Aldrich, (1977) cited in Ayenigbara (2012) 48https://www.royalqueenseeds.com/blog-a-brief-history-of-cannabis-use-in-world-religions-n624 49 Abel, (1980). 50 Hamid (2002) 51 https://www.royalqueenseeds.com/blog-a-brief-history-of-cannabis-use-in-world-religions-n624 52 Ibid. 53 Burgess (2007) 41
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