Rastafarians still being prosecuted for ganja, says Ras Iyah V

WESTERN BUREAU:

Rastafarian elder Ras Iyah V says that despite the decision by government to decriminalise ganja almost a decade ago, the law remains ambiguous and has built-in discrepancies that are being exploited by law enforcement and the parish courts.

Ras Iyah V, who has represented the Rastafarian community in forums all over the world, wants the government to revisit the law and block the loopholes that are causing undue pressure on the indigenous group.

“I am saying that there’s an inconsistency in the law and how it is being carried out. And I don’t want to know that things are left up to the discretion of the police or the discretion of judges, whether they might find Rasatafari guilty or not guilty,” said Iyah V, in regard to the use of ganja.

He outlined his position while addressing a press conference at the Millennium Victory Restaurant on Barnett Street in Montego Bay, St James, recently, where he shared the verdict in two recent cases where Rastafarians were arrested and charged with possession of and dealing in ganja following separate police operations in St James and Trelawny.

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In the case against the Rastafarian in St James, Iyah V said the man was found guilty and slapped with a fine, while his colleague, whose case was heard in the Trelawny Parish Court, was set free after a parish judge reportedly acknowledged that there should be no charge against Rastafarians for ganja.

“We are calling on the government to enact laws to protect, ensure, and guarantee the rights of Rastafari where the herb (ganja) is concerned,” said Ras Iyah.

The People’s National Party (PNP) Government amended the Dangerous Drug Act in 2015, allowing Jamaicans to freely possess up to two ounces of ganja.

Under the amended law, Rastafarians were also allowed to use ganja for sacramental purposes without fear of being prosecuted. But Ras Iyah V says Rastafarians are still being prosecuted by the police, who are seemingly unclear about how the law should be exercised in relation to religious exemptions.

“The law must be stated in a way that the police know for sure that the Rastaman is not to be charged for herb, and the judges are supposed to know that any time the Rastaman comes in his or her presence charged with herb, that the case must be thrown out,” said Iyah V, who once served on the board of the Cannabis Licensing Authority (CLA).

Ganja use is now decriminalised in Jamaica and the law is in effect. Each household is allowed to grow five plants for personal use, and personal possession of less than two ounces is allowed. Iyah V says the provision that the police should not arrest a person for an unlit spliff (ganja cigarette) is also not being followed by some courts and law enforcement agents.