KINGSTON, Jamaica — Attorney-at-law Marcus Goffe is upset that members of the Rastafari community who plant ganja for sacramental purposes are still being subjected to what he calls constant harassment and convictions by the security forces.
He argued that the constant harassment must stop and pointed to the amendment of the Dangerous Drugs Act of 2015 which he noted gave the group the right to use ganja as a sacrament.
“Despite the Rastafari ganja rights that are recognised in the law since 2015, Rastafari community members are still subject to be targeted, harassed, arrested, charged, prosecuted, convicted and sentenced, for dealing ganja, which is still a crime under the law,” Goffe said.
“There seems to be some sort of cloudy interpretation, and the law needs to be clarified and expanded. We need to implement the law properly.”
Goffe believes that there should be a re-education plan that would allow agents of the government to recognise the Rastafarians’ exemption under the Dangerous Drugs Act and fully protect their rights to the sacramental use of ganja.
“Many people don’t recognise the shift in how they must deal with the Rastaman under the new amendment some nine years later,” he remarked.
The attorney pointed to the case of his client, Nickoy Morgan (Ras Jabali Seba) who was arrested and charged by the Narcotics police for possession of and dealing in approximately two pounds of ganja found in his ‘sacramental space’ at House of Seba, in Salt Marsh, Trelawny.
The incident happened one day after the Rastafari Mansion and Organisation (RMO) hosted another in its series of Harambee Hall community gatherings at the same location at House of Seba.
“The police cannot themselves decide that this shop is not a Rastafari space because yuh ah sell juice and such, they are using the sale of other items at the facility to harass and prosecute the man say him ah sell ganja when he is allowed to use ganja as a sacrament,” Goffe outlined.
Goffe believes that it is a clear infringement of his client’s rights concerning freedom of religion, and amounts to blatant discrimination.
“Only a Rastaman can define the relationship with the herb, to say that he should only practise his religion in a registered church or on a Sunday is wrong. The Ministry of Justice needs to see where these spaces exist, and recognise and regularise them,” Goffe argued.
He believes that the refusal of members of the security forces to recognise Rastafarian ‘mansions’ as places of worship is the crux of the problem.
“There is a law to register places of worship, but when you say places of worship, you cannot categorise it in a Christian context, you can’t necessarily have a church construct. To say that a traditional gathering place such as a place under a tree in the centre of town cannot be used is discrimination of freedom of religion,” Goffe reasoned.
Efforts to get a comment from the Ministry of Justice proved futile as the ministry’s legal officer has not been in office for the past week.
Under the law, anyone who is in possession of eight or more ounces of ganja is presumed to be dealing in ganja. For layman purposes, eight ounces would equate to ‘two handfuls of weed’.
Government prosecutors believe that in any encounter between Rastafarians and the security forces, the nature of the packaging of the ganja and any exchange of cash is also seen as evidence of dealing in ganja. Furthermore, lawmakers are left to wrestle with their own definitions of Rastafari.
“What is the specific definition of a Rastafarian? There are 12 sects of Rastafarianism, each with different theologies and beliefs. What exactly is a sacramental use of ganja? What quantity is needed? What does its use entail?” a lawyer mused on condition of anonymity.
“There are too many grey areas where corruption can creep in on both sides of this issue.”
Registry of Rastafari mansions
There is a growing mistrust and disconnect between members of the Rastafarian community and the security forces over the ‘sacramental use of ganja’ issue.
Years ago, the Ministry of Justice wanted to create a registry of sacramental sites — dubbed Rastafarian mansions — where Rastafarians would gather and chant and use sacramental ganja in their rituals. These amendments were granted as part of the United Nations human rights charter as it relates to the religious practices of indigenous people.
Regulations for these spaces govern the size, what ceremonies can be performed therein, and stipulate that these spaces could not be used for commercial purposes.
One industry insider and former member of the Cannabis Licensing Authority said the registry idea has become a vexed issue. He spoke with the Observer Online on condition of anonymity.
“It hasn’t really progressed, there’s no way to regularise and stop the harassment of legitimate Rastas who are part of a group or sacramental site, who are verbally abused and arrested for moving the ganja to other places,” he said.
Goffe has a problem with how the authorities police Rastafarians and define their places of worship.
“House of Seba is clearly a Rastafari space. Ras Jabali (Morgan) is clearly a Rastaman. The herb was clearly marked ‘Rastafari sacrament’. He was not selling ganja to anyone. House of Seba is a member of the RMO and of the Rastafari and Grassroots Ganja Association (RAGGA), a committee of the RMO,” Goffe insisted.
Morgan’s case follows that of the prosecution and conviction on January 18, 2024 of Charles Largie (Ras Negus) who was arrested and charged for possession and dealing of approximately two pounds of ganja found inside his sacramental space in Montego Bay, St James in December 2022. Ras Negus paid the $20,000 fine and was released.
Efforts by the authorities to create a registry were hamstrung by a series of arrests and raids that caused greater division.
“It was tricky because as soon as Rastas began to give information about these sacramental spaces, there were a number of raids by the police and it was thought that there was a link between the information given to the ministry and the raids,” the insider said.
These frustrations have boiled over into the general state of the local cannabis industry which was once imbued with much hope and faith that the industry would grow to be a major job-generator and income-earner for locals.
“It has been disappointing, sad and frustrating,” the insider said.
“The government has not been articulate about what the long-term strategy is for the industry. There is simply no policy directive.”