Rastafarians and Laws: Navigating Religious Practices within Legal Boundaries

Rastafarians cannot stand behind religious practices when they conflict with certain laws.

“You cannot break the law while practising your religion,” Chief Magistrate Ian Weekes said Monday in a case involving Michael Harcourt Blackman.

Blackman, 61, of River Land, St Philip, pleaded guilty to seven drug-related offences, including possession, intent to supply, trafficking and cultivation of cannabis on July 12 in the District ‘A’ and District ‘C’ jurisdictions. The drugs were discovered in a haversack in a vehicle he was in and during a search of his residence. The illegal substance had a value of over $88 000.

The farmer informed the police that the drugs were used to support his family.

“Rastas have been trying to champion their cause,” his lawyer Reco Blackman told the court referring to the constitutional challenge brought by the Rastafarian group against the Sacramental Cannabis Act. The legislation makes provisions for Rastafarians to grow marijuana “sufficient for their use” in the precincts of their places of worship but stipulates they must seek an exempt permit if they wish to use the sacrament at any religious event away from their temple.

Rastafarians have expressed dissatisfaction with the Act restricting their use of marijuana in accordance with their religious beliefs.

During his submissions, the attorney-at-law spoke about his client’s use of the plant for religious purposes and reminded the court about the constitutional right to freedom of expression and referenced the constitutional challenge which is before the court.

Weekes, however, stressed that any rights under the Act would still be subject to laws and regulations.

“We have to conform to laws and provisions that are being made . . . you have to satisfy the criteria. The reality is . . . he doesn’t have permission on religious grounds to do nothing in law,” the judicial officer said, adding that the amount could attract a $25 000 fine.

The presiding magistrate also questioned the convicted man about his faith, noting that certain individuals wanted to maintain an African appearance without adhering to the Rastafarian faith.

He claimed to be a part of the Nyabinghi Order but couldn’t recall the last time he worshipped or even when Emancipation Day was celebrated. His attorney urged the court to consider a reasonable fine or suspended sentence for his client, describing him as a man of “straw”.

The chief magistrate said the convicted man, who had 15 convictions on his record, had already received numerous opportunities. In 2020, he was sentenced to time served for a cultivation charge.