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Jamaica needs to get its act together... quick!

Charles Nesson

Jamaica Observer

Monday 21 Mar 2016

Jamaica has a remarkable opportunity to lead the world in cannabis reform, but to do so it will have to get its act together pretty damn quick. The Colorado model of wide, open recreational use of all forms of cannabis in any concentration is a loser. Governor Charlie Baker in my state of Massachusetts, after investigation in Colorado, has just come out against it because of the bad effect such unrestricted recreational use could have on kids.

Jamaica has the opportunity to reframe the world’s understanding of cannabis by putting focus on spiritual use of the natural herb. Jamaica’s great success so far has been its recognition of Rastafari, and the legal celebrations of the Negril Cannabis Cup and Rebel Salute.

Spiritual use takes the form of natural, organic, sun-grown, smoked herb. This is the spirit of reggae. This is the healing message Rastafari and Jamaica have to offer nations. Ras Iyah V speaks for Rastafari and for grass roots ganja farmers. They seek to legalise the growing of sacramental ganja on an organic vineyard model to serve the domestic Jamaican and tourist market for organic smokable ganja.

At present, their way forward is blocked by continuing legal prohibition on the sale of ganja, including sacramental ganja. Rastafari has been accorded religious recognition by Jamaica, and events celebrating the sacrament of Rastafari have been legally authorised, but sale has not been legally permitted, even at sanctioned events.

At our first Cannabis Cup, possession and smoking of ganja was permitted, but no one could legally sell. Those who grow sacramental ganja cannot sell. Rastafari who use ganja cannot legally buy. Rastafari grass roots culture cannot grow without sustaining commerce. This needs to change. The law, as so interpreted, discriminates against Rastafari as a now legally recognised religion.

Imagine a ban on the sale of Christian sacramental wine. We have opportunity to spur change on this. Both the past and the current regime have worked admirably together to instantiate reform of Jamaica’s ganja laws.

It is now time for the new Government to allow grass roots farmers to grow the sacrament of Rastafari and to prosper in a legal market for their product. This would truly celebrate Jamaica’s legal recognition of Rastafari by enabling Rastafari and its reggae culture to teach the world a spiritual use of herb. Sale of sacramental ganja should be legalised.

The UN General Assembly will meet in New York City on April 20, 2016 to address global drug policy. Ras Iyah V and Tony Rebel should be invited to accompany Jamaica’s delegation to ask the nations of the world to recognise Rastafari as Jamaica has done, and welcome its music, its message, and the celebration of its sacrament in culturally rich, alcohol-free, peaceful, profit-making environments. Jamaica offers opportunity for a win-win-win-win all around — for Rastafari, for farmers, for Jamaica, for a world that needs to recognise ganja as a positive, cultural, spiritual experience.

Charles Nesson, a professor at Harvard Law School, is pro bono legal advisor to the Westmoreland Hemp & Ganja Farmers, Association. Send comments to the Observer or nesson@law.harvard.edu.

http://www.jamaicaobserver.com/columns/Ja-needs-to-get-its-act-together---quick-_55078

 

 

 

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