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Judge urges Rastafarian to test law on cannabis Ian Burrell Independent Tuesday 19 Dec 2000 Rastafarians were invited by a judge yesterday to consider High Court action to win the right to be allowed to use and sell cannabis as part of their religious beliefs and culture. The judge said such a challenge could result in Britain's drug laws being declared "incompatible" with the freedoms protected by the recently enacted Human Rights Act. Judge Gibson said a court action "would pose a challenge to the Government to consider the future of the Misuse of Drugs Act 1971" and also provide "grounds for proceedings in the European Court of Human Rights". His comments came in a lengthy ruling during which he rejected an application by a self-confessed Rastafarian cannabis dealer to change his earlier guilty pleas to charges of possessing the drug and intending to supply it. Inner London Crown Court was told that when Rasta Brown, 39, was arrested offering cannabis to an undercover officer, he accepted it had been a purely financial action to pay off a loan and support the mothers of his children. But he maintained he had done nothing wrong as both the use and the sale of cannabis was a recognised part of Rastafarian culture and religion, whichwas protected by the new law. Brown was detained in Brixton, south London, in June after being found carrying seven bags containing 20.36 grams of the drug with a further 516 milligrams in his shorts. A "block" of 128 grams was found at his home. When he appeared before magistrates four months ago he pleaded guilty to one count of possessing the drug and two of possessing it with intent to supply. But after the Human Rights Act came into force at the beginning of October, he applied to be allowed to change his pleas, citing the fact that article nine of the legislation backed everyone's entitlement to freedom of thought, conscience and religion. Brown's counsel, Rufus D'Cruz, argued that while cannabis was not mentioned in the 16 tenets of Rastafarianism it was considered an aid to worship, a medicine and a source of income. It was regarded as a "sacred commodity" and "sacrament incense" with authority for its use derived from the Bible, he said. In his ruling Judge Gibson said: "I'm well aware that there is not a uniformity of view on the matter among citizens of the United Kingdom; indeed there are manifest differences of opinion between intelligent and responsible people." But the judge said he saw "substantial difficulties" in asserting that article nine of the Human Rights Act protected commercial dealing. The judge said he would have problems in allowing Brown's application even if it turned simply on that part of the legislation. This was because of Brown's willingness to "sell to allcomers on the street". He rejected defence claims that Brown, from Stockwell, south London, should be allowed to try to convince a jury to disregard the law and reach a "common sense" verdict by acquitting him. On the other hand if he was convicted he could always appeal. "I cannot see why, if they consider they have a good case ... they should not put their confidence to the test by bringing proceedings in the High Court with a view to obtaining a declaration of incompatibility," the judge added.
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