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Cannabis Campaigners' Guide News Database result:
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UK: Judge spares drug-dealing Rastafarian because of his beliefs Melvyn Howe The Independent Saturday 13 Jan 2001 A Rastafarian who insists he should be allowed to use and sell cannabis as part of his religious and cultural beliefs was shown leniency by a judge yesterday Rasta Brown, 37, was given 150 hours of community service. He had been trying to raise some money to clear a loan and support the mothers of his children when he asked an undercover policeman if he wanted some "weed". Brown was promptly arrested, searched and found to be carrying seven bags containing 20g (1oz) of the drug. Another 516mg was discovered later in his shorts. Shortly afterwards, officers visited his home in Stockwell, south London, and recovered a further 128g. But Brown told Inner London Crown Court that in his view he had done nothing wrong as both the use and sale of marijuana was a recognised part of Rastafarian culture and religion. He said that apart from it being a "sacred commodity", with authority for its use derived from the Bible, he also prepared special infusions to help alleviate various ailments among fellow believers. At an earlier hearing, Brown insisted that the recently introduced Human Rights Act in effect allowed such behaviour because of its protection for an individual's freedom of thought, conscience and religion. Judge Gibson rejected that argument, but said yesterday it was clear that Brown "sincerely believed that what the law calls cannabis and what you call herb is simply a product of nature" and not a drug. He also accepted that Brown's present use of it, and his supply of it to fellow Rastafarians for medicinal purposes, was "very much bound up with your beliefs". Because of that, he was to be "distinguished quite sharply from many people who deal in illegal drugs in this country". The judge continued: "I am showing respect for the sincerity of your beliefs. In return, society is entitled to require that you show respect to those who do not share your beliefs and who argue that the law should remain in its present form." Parliament, said the judge, had clearly decided when incorporating the European Convention on Human Rights into English law, that other statutes, such as the Misuse of Drugs Act, "cannot be interpreted in an elastic way and must continue to have an effect". He went on: "I am sentencing you today in what many would regard as a lenient way. However, you should not leave court believing that the same leniency will be available to you on any future occasion." Outside court, Brown, who had admitted two counts of possessing cannabis with intent to supply last June and one of possession, said he was "well pleased" with the result.
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