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Judge invites Rastafarians to challenge cannabis law

Lee Elliot Major

Ananova

Monday 18 Dec 2000


Rastafarians have been invited by a judge to consider High Court
action as the best way forward to eventually being allowed to use and
sell cannabis as part of their religious beliefs and culture. Such a
move could result in an important declaration that the UK drug laws
and the freedoms protected by the recently enacted Human Rights Act
were "incompatible".

Judge Charles Gibson said while that would not be a solution in
itself, "it would pose a challenge to the Government to consider the
future of the Misuse of Drugs Act 1971. It would also provides 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 heard that Rasta Brown, 39, accepted that
when arrested offering some "weed" to an undercover officer, it had
been a purely financial decision 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 marijuana was a recognised part of
Rastafarian culture and religion, which in turn was protected by the
new law.

When detained last June in Brixton, south London, he was found to be
carrying seven bags containing 20.36 grammes of the drug with a
further 516 milligrams in his shorts. A search of his home in nearby
Stockwell yielded a "block" of 128 grammes.

When he first 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.

Defence counsel Rufus D'Cruz argued that while the "weed" was not
mentioned in the 16 tenets of Rastafarianism it was considered an aid
to worship, a medicine and a source of income. In fact cannabis was
regarded as a "sacred commodity" and "sacrament incense" with
authority for its use derived from the Bible.

 

 

 

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