Court reserves ruling in Rasta cannabis rights case

The High Court has reserved its decision in a constitutional challenge over the rights of Rastafarians to use cannabis in religious ceremonies.

Through his attorney Lalu Hanuman, Paul Ras Simba Rock is challenging the constitutionality of the Sacramental Cannabis Act, which was enacted in 2019. The law currently permits the religious use of cannabis only within registered places of worship.

Rock argued that he should be permitted to smoke marijuana while conducting religious ceremonies in his own home.

He also submitted that the law made no consideration for Rastafari women, who are not allowed in the Nyabinghi tabernacle during menstruation and are instead encouraged to worship at home during that time.

Rock alleged that several rights have been violated including: the right to personal liberty, guaranteed by Article 11(a) of the Constitution;  the right to privacy guaranteed by Article 11(b) of the Constitution;  the right to the protection of the law, guaranteed by Article 11(c) of the Constitution; the right to freedom of conscience, of expression, and of assembly and of association, as guaranteed by Article 11 (d) of the Constitution; the right to freedom of religion contained Article 19 of the Constitution and;  the right not to be discriminated against on the basis of “creed” in accordance with Article 23 of the Constitution and the  International Convention on Civil and Political Rights 1966, Article 18.

On Tuesday, Hanuman and the Attorney General’s legal team, represented by Deputy Solicitor General Marsha Lougheed, Sir Elliott Mottley KC, and attorneys Kashawn Wood and Noah Haynes, presented their closing addresses based on their written submissions before Madam Justice Michelle Weekes.

The court reserved its decision with the caveat that if necessary, the parties may be required to return and provide additional arguments to inform its deliberations on any related issue.