3.10. Cannabis was integrated into the Rastafarian religion which emerged during the 1930s in Jamaica. Rastafarianism, after struggling before the courts, was identified judicially as a religion in the case of Francis v AG.54 It is accorded sacramental importance in this religion and it is smoked to aid in spiritual quests55. 3.11. In the case of the Rastafarians, cannabis is regarded as a “holy herb”, a gift from God that has been cultivated and smoked for its medicinal benefits as well as for its psychoactive properties to aid in a spiritual quest56. Moreover, cannabis, called ganja by Rastafarians, is their primary sacrament and its ritualized smoking during communal smoking sessions, known as ‘reasoning’ or ‘grounding’, is paramount to their way of life57. 3.12. Ganja is also viewed as the most natural and direct route to communion with God and the Rastafari brethren, and it is used as an essential element in prayer and meditation58. Biblical verses are often cited to authenticate and legitimize the naturalness and glories of ganja59. 3.13. Some researchers have identified similarities between chillum smoking sessions of the Hindus and reasoning sessions of the Rastafarians.60 Therefore, cannabis is integral to this religion’s identity and prohibition of its use constitutes an extreme invasion on their right to freedom of religion61. 3.14. Significantly, the Commission heard from many members of the Rastafarian religious community who spoke passionately of the violations to their religious freedoms as a result of the illegal status of their holy sacrament and the persistent and invasive targeting by the police due to their usage of cannabis/ marijuana. They lamented that they are subjected to unjust treatment by law enforcement agents who frequently harass them and raid their properties because of cannabis/ marijuana. In Suriname, this is reportedly not the case and cannabis/ marijuana use is tolerated although illegal, which is indicative of a measure of tolerance. 3.15. Importantly, even some non-Rastafarian participants at the Consultations concurred that marijuana use for religious purposes should be permitted, but within the framework of the necessary controls. It was also instructive to note the acceptance and integration of the Rastafarian religion in some of the Inter-Religious Organizations (IRO’s) across the region, with representatives from Christian faiths speaking in support of their Rastafarian brethren. 3.16. Thus the aggressive policing of marijuana offences in Jamaica challenged the freedom of Rastafarians to practice their beliefs without fear of prosecution or persecution. Legislative changes in Jamaica in 2015,62 which, as discussed below, exempt Rastafarians from the prohibitive provisions of cannabis/ marijuana regulation, therefore facilitated a paradigmatic shift in the treatment of Rastafarians who were previously liable to all marijuana -related criminal charges. A policy shift is also discernible in Antigua and Barbuda, with the legislative reform of 2018. The Commission believes that these policy changes are in keeping with the freedom of religion that is protected under the constitutions of all CARICOM states. Future law reform should make provision for this right.
Cannabis is regarded as a “holy herb”, a gift from God that has been cultivated and smoked for its medicinal benefits
3.17. While some of the major Christian religions did not provide outright support for legalization or decriminalization, they did express concern on the need for approaches to be fair to all citizens. Indeed, the majority of submissions from the various representations of churches in the Consultations focussed on issues of social justice and did not reference marijuana use in the context of an offence to faith. Many religious representatives spoke directly against the legal regime which criminalises young people and persons from poor socio-economic backgrounds and believed reform was necessary since the current 54
Civil Suit No. 191 of 1996, dec’d September 2001, high Court of Antigua and Barbuda. Bandopadhyay (2015) 56 Ibid. 57 Burgess (2007) 58 Ibid. 59 Ibid. 60 Burgess (2007) 61 De Vos (2001) 62 Dangerous Drugs (Amendment)Act 2015. 55
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