Rastafarian loses battle towards harmful medication laws in Bahamas

A Bahamian decide has dismissed a movement by a Rastafarian man, which contested the constitutionality of the Harmful Medication Act in relation to the possession and use of marijuana, inclusive of spiritual utilization.

“I discover nothing anti-democratic or anti-rights in Parliament’s resolution to not make allowances for the non secular or leisure use of marijuana,” mentioned Justice Lorein Klein.

Constitutional rights versus public well being considerations

The crux of the judgment revolved round figuring out “whether or not the liberty to manifest one’s faith, which is assured by the Structure, trumps the prerogative of Parliament to make legal guidelines prohibiting the possession and use of gear thought of dangerous within the public curiosity, however which sure teams take into account important to manifesting their non secular beliefs”.

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Justice Klein noticed that the majority democratic nations nonetheless uphold broad prohibitions towards the use and possession of marijuana.

He additional famous that even these nations which have lowered restrictions on marijuana for medicinal or leisure functions nonetheless implement stringent controls, primarily in compliance with their worldwide obligations underneath quite a few conventions.

Extra on Rastafari and marijuana within the Caribbean

Rastafari achieve sacramental rights to marijuana in Antigua and Barbuda, have fun freedom of worship

Marijuana within the Rastafarian religion

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Reviews are that on December 28, 2020, the police apprehended and charged Lorenzo Stubbs after a raid at his residence the place they confiscated 1.6 ounces of Indian Hemp, with a avenue worth of US$60.

By way of his lawyer, Bjorn Ferguson, Stubbs claimed that marijuana, a “sacred herb”, is employed as a sacrament within the Rastafarian religion. 

Ferguson argued that Stubbs’ constitutional proper included possession of marijuana and for the reason that Harmful Medication Act doesn’t present an exemption for non secular utilization, it contradicts his constitutional proper to spiritual freedom.

Ferguson referenced the 2018 CARICOM Regional Fee Report on Marijuana and the 2020 United Nations Fee on Narcotic Medication to argue that marijuana is just not as dangerous as beforehand thought.

Performing Director of Public Prosecution, Cordell Frazer, countered this by advocating that the Harmful Medication Act is a laws supposed to uphold public well being and security, and thus its provisions are needed within the curiosity of public well being.

The decide acknowledged that the Rastafari religion is a profound, unified, and vital perception system deserving the safety of Article 22 of the Structure, which ensures freedom of faith. 

He additionally acknowledged the hyperlink between the sacramental use of marijuana and the foundational perception system of the religion.

He, nonetheless, urged that sure points are higher left to legislators to determine.

Justice Klein identified that the applicant couldn’t present proof exhibiting how much less oppressive measures, in comparison with the outright prohibition of marijuana, would safeguard the general public’s curiosity successfully.

The decide acknowledged that even when he had decided that the blanket ban on marijuana was unjustifiable and thus a breach of the structure, he would nonetheless have been restricted from making the declaration within the format put forth by the applicant.

The decide concluded that, “The true grievance of the applicant is just not towards most of the people prohibition, however solely that such prohibition ought to include an exemption for non secular use.” 

With reference to prices, Justice Klein made no order, citing a precedent towards awarding prices in constitutional challenges introduced in good religion.

 

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