NEGRIL, Westmoreland — Attorney-at-law Dr Marcus Goffe is calling for clearly outlined protocols for police to follow while interacting with individuals who observe the Rastafarian faith.

“What we are seeking is recognition by the police that Rastafari have rights when it comes to ganja and to have a protocol that the police are aware of and implement. [It should speak to] how to deal with Rastafari with respect when you see Rastafari in the streets and their homes, etc,” stated Goffe.

The attorney was speaking with the Jamaica Observer at Negril Police Station, where more than one pound of the herb, previously seized by the police, was returned to his client last Tuesday.

The police had charged Rick Brown and his girlfriend with illegal possession of and dealing in ganja on February 4.

The two were travelling from Starscape Rastafari Sanctuary in Manchester to Westmoreland when the vehicle in which they were travelling was stopped by the police.

The herb was seized and placed in custody at Negril Police Station while the two were given a court date.

The case against his girlfriend was later dropped.

Brown’s first court hearing was on February 25 and the case was dropped a month later on March 25.

“The clerk of court on the first court date last month was presented by me with documents to show that this Rastafari youth is, in fact, a member of the Rastafari community and he was transporting the herbal sacrament from one Rastafari space (Starscape) to another Rastafari space in Westmoreland and, therefore, did not fall within the provisions of the Dangerous Drugs Act,” Goffe explained.

“The clerk of court had the documentation from the Ministry of Justice as well as from the Rastafari community — the Rastafari Grassroots Association (RAGGA) — to show that this brethren is in fact a Rastafari community member. A Rastafari priest and justice of the peace were also present in court to assist with the identification of the young man,” he added.

With the evidence before the court, the clerk decided to withdraw the case due to the inability to prove that the young man was not a member of the Rastafari community and that the herb was not intended for Rastafari purposes. The court also ordered the return of the herb seized by the police.

“Our stance is that there should never have been, in the first place, any charge of this Rastafari brethren because, in 2015, the Dangerous Drugs Act was amended to protect the Rastafari community and our rights to ganja as a sacrament,” argued Goffe.

He is of the view that members of the Rastafari community are being harassed on the streets, in their homes and other places, which is contrary to the law. He wants this to end.

“If it is that the police have a reasonable suspicion that someone who is in the possession of ganja is not a Rastafari, then they must have the evidence to show that. If they don’t have such evidence, ‘low the Rastaman… Leave the person alone, because the law is there to protect the Rastafari community. Possession of ganja, under the law, is no longer a crime, and the police no longer have the right to use that as a basis to arrest and prosecute Rastafari,” stated Goffe.

He said his client has given instructions for a civil claim for recompense for Rastafari’s rights to ganja.

The month of April will be a decade since the law was passed in 2015, and the attorney said his law firm — Goffe Law — will be launching a series of claims in the courts regarding the issue.

“I have been, over the years, going to court and police stations all over the island because Rastafari continue to be harassed and, even in some, cases tried, convicted, and sentenced. And so… we will be launching several cases to make sure that Rastafari rights are affirmed and protected through the courts of Jamaica,” stated Goffe.

Representative of Starscape Rastafari Sanctuary in Porus, Manchester, and Mount Airy Rastafari Cultural Centre in Orange Hill, Westmoreland, Ras Kamau Janai – who is also known as King Kamau – said the outcome of the most recent case can be seen as a push to get the authorities to recognise the rights of the Rastafari community.

Under the Dangerous Drugs Act, which came into effect on April 15, 2015, new provisions were implemented for the possession and smoking of ganja; the use of ganja by those of the Rastafarian faith; and the use of ganja for medical, therapeutic and scientific purposes.

The possession of two ounces or less is not an offence for which someone can be arrested, charged, and tried in court, and it will not result in a criminal record.

King Kamau, who is also a former board member of the Cannabis Licensing Authority (CLA), argued that, under the Act, there is also no limit to the amount of ganja that can be used by the Rastafari community as a sacrament.

A CLA member, Ras Iyah V is of the view that last Tuesday’s victory in the Westmoreland court was a result of years of advocacy for the rights of the Rastaman community.

He served on the CLA 2016 to 2021, and was recently returned. He has vowed to continue being an advocate.

“Our people, Rastafari, non-Rastafari people, grass-roots people, traditional ganja farmers, have yet to benefit from the industry that they have fought and struggled for,” Ras Iyah V said.

His strategy is to ensure that the board applies pressure at the ministerial level.

“We hope that the Government will recognise this because if they don’t recognise the right of grass roots people to participate, it will only push the traditional ganja farmers into what they don’t want, which is the so-called illegal industry,” he warned.

“I would advise them to amend the laws, amend the regulations as much as possible to accommodate the participation of traditional ganja farmers, grass-roots farmers who have been there from day one,” added Ras Iyah V.

Video caption: Starscape Rastafari Sanctuary.

Representative of Starscape Rastafari Sanctuary in Porus, Manchester, and Mount Airy Rastafari Cultural Centre in Orange Hill, Westmoreland, Ras Kamau Janai, who is also known as King Kamau, comments on the rights of Rastafari.