Rastafari cannabis rights case delay sparks frustration

constitutional challenge over Rastafarians’ rights to use cannabis in religious ceremonies has been adjourned for nearly three months, just two days into proceedings at the High Court, in what the claimant has called a “disheartening” development.

Paul Ras Simba Rock is suing the Attorney General, contending that the 2019 Sacramental Cannabis Act, which only allows for cannabis to be smoked within registered places of worship, is in breach of his constitutional rights. Rock argues that he should be permitted to smoke marijuana while conducting religious ceremonies in his own home.

Additionally, it was noted that the law does not account for Rastafari women, who are not allowed in the Nyabinghi tabernacle during menstruation and are instead encouraged to worship at home during that time.

After the hearing resumed for the second day on Tuesday, the Attorney General’s legal team, represented by Deputy Solicitor General Marsha Loughheed, Sir Elliott Mottley SC, and attorneys Kashawn Wood and Noah Haynes, called three witnesses before informing the court that the final witness would not be available until the end of November.

The hearing was adjourned until January 15.

In a statement to the media on Tuesday evening, Rock said the postponement would lead to a “further stagnation” of the matter.

He contended that “limitations should not be put on his constitutional right and that Rastafari, as equals in this society, must be treated as such”. “Rastafari in Barbados cannot afford to be under the delusion that this government cares or even respects them. Those who would deny or limit a person’s access to their spiritual observances, their deity, cannot in essence care about that person. Rastafari can ill afford to give away their honour, dignity, and sovereign state to a politician for a job or some form of personal assistance. Generations of Rastafari to come will be the ones who are most impacted by what Rastafari does or fails to do now.”

Rock noted that several extensions have already been granted to the Attorney General’s team to submit documents required under orders of the court, insisting that “these delays have led to the situation that now the case has started, and a witness is not available”.

He also addressed any perception that, if allowed full access to their religious constitutional rights, Rastafarians would cultivate large amounts of cannabis or sell it to empower themselves.

“You cannot quantify a person’s spiritual depth and, therein, measure the use of spiritual tools. Rastafari often gather at each other’s homes and share in food and cannabis,” Rock said. “The Bible is sold, communion implements, including the wine or juice, are sold, rosaries are sold, so why is there a concern about Rastafari selling their sacrament?”