Rastafarian Community Seeks Amendment to Sacramental Cannabis Act of 2019 Amid Legal Challenges

Leading the charge for an amendment to the Sacramental Cannabis Act of 2019, a leading spokesman for the Rastafarian community expressed his belief that the sect is not being respected by the government.

“We remain captives and we remain prisoners under this abusive law in this society,” declared Ras Simba, the president of the Afrikan Heritage Foundation, after a hearing on a constitutional motion to amend the law was adjourned in the High Court on Tuesday.

Declaring to reporters that he was “upset” and “disappointed” with the lack of progress being made on the hearing of the lawsuit he brought against the Attorney General’s Office to amend the Act, Ras Simba said: “We have been coming to court for the better part of four years and what happened this morning was another disappointment because the Attorney General’s Office failed to respect the orders of the court in terms of supplying the particular documentation needed for us to proceed.”

He accused the AG’s office of “stalling” on the motion.

At the heart of the issue is the law’s edict that while the Rastafarian community has to cultivate and use cannabis for religious, cultural, and spiritual purposes, it must gain permission from the attorney general to do so at a pre-approved place of worship.

Ras Simba is appealing for their homes to be considered as places of worship to allow the ritual use of marijuana.

During Tuesday’s brief hearing, Justice Michelle Weekes scheduled the case for trial on October 28, 29 and 30.

“We have been given another date, people have taken days off of work and I feel really bad because I feel as though I have asked my bredren and sistren to waste their time…To me this is unacceptable,” Ras Simba stated.

Urging that the matter should be expedited, Rock’s attorney, Lalu Hanuman, also expressed frustration with the delay, calling the law “a political gimmick”.

Hanuman said: “[The law] says that you can only smoke ganja at a registered designated place of worship and as the deputy commissioner of police has pointed out to date no such place has been allowed to offer such a facility, so it is just a political gimmick to make the Rastafarian community at election time think they are getting a right, but at the same time it is a hollow vacuous right. It doesn’t exist.”

A trial date had been set for May 2023 and at that time the Attorney General’s Office had requested and been granted an extension to get the necessary documentation, but a year later was still not ready to proceed.

“We have been to court about 10 times on this matter already and every time we come to court there is always an excuse from the Attorney General’s Office,” Hanuman said. “I am saying this matter needs to be expedited. It is a breach of their fundamental constitutional rights in terms of their

religious rituals and practices in that they are not allowed to smoke ganja while they are performing their rituals in their own homes.”

At Tuesday’s hearing, the AG’s Office was represented by Deputy Solicitor General Marsha Lougheed. But Sir Elliott Mottley, one of the lead attorneys in the matter was absent. Leslie Haynes KC had also been on the attorney general’s legal team before he was appointed chief justice.

jeniquebelgrave@barbadostoday.bb