One week before the devastating Category 5 Hurricane Melissa hit Jamaica on October 28, Westmoreland resident Troy Harrison had charges of possession of ganja and dealing in ganja against him dropped.

Harrison was charged after roughly 45 pounds of marijuana were found in his possession; however, the case was dismissed in the Westmoreland Parish Court.

Based on court documents, the Crown offered no evidence on both charges on the basis that Harrison is a member of the Rastafarian community and therefore entitled to possess and use ganja for sacramental purposes. Section 7C(2)(a) of the Dangerous Drugs Act makes provision for members of the Rastafarian community to possess ganja.

Still, weeks after the court case ended in Harrison’s favour, his lawyers have been struggling to get the police to return the confiscated ganja.

Attorney-at-law Marcus Goffe, who is representing Harrison, believes that his client is being deprived of his right to the ganja which he spent valuable time, effort, and resources to cultivate.

“Some police continue to want to interpret the law how they want to. He was supposed to get back the ganja. The clerk of court wrote a letter saying that the charges were dismissed on the basis that the young man is a Rastafari. He was trying to get back the ganja before the hurricane and wasn’t able to.

“After the hurricane he contacted the police in November to collect the ganja in Kingston and he was told that the court never made that order and he would have to go back to court to have the judge order that he get back the ganja, and it must be in writing,” Goffe said.

The attorney argued that it was unfair for the police to keep the ganja as it is his sacrament which has been held for more that six weeks without justification.

“Do you know how much time, effort and investment it took to cultivate that? The man must want it back. Why must it be in a police storeroom?” Goffe argued in an interview with the Jamaica Observer.

In a letter from the clerk of courts in Westmoreland, dated October 22, it was confirmed that Harrison appeared before the Parish Court to answer to the two charges. Harrison pleaded not guilty to both charges. The Crown offered no evidence on both charges as the defence, under section 7C(2)(a) of The Dangerous Drugs Act, applies to the defendant.

In a letter dated December 2, 2025, which was addressed to the senior legal officer in the Jamaica Constabulary Force (JCF), Goffe bemoaned the situation.

He argued that, even if they were minded to return to court to request an order, as is being required by the police for the ganja to be returned, they would be unable to do so due to the severe devastation of the courts in Westmoreland by Hurricane Melissa.

“The Rastafari community is fed up with the continual targeting and unfair prosecution of members of the community for ganja, despite the 2015 amendments to the Dangerous Drugs Act intended to recognise and protect the community’s rights. It is clear that the narcotics police are not fully aware of the extent of Rastafari’s ganja rights or how they are to approach, investigate, determine, and resolve the rights of Rastafari in relation to ganja,

“We enclose for your reference, letters from the minister of justice dated May 25, 2023 and August 22, 2023 to the commissioner of police outlining the ganja rights of the Rastafari community and requesting the police ensure accommodation for Rastafari to exercise their sacramental rights. We therefore hereby demand the immediate return of the 45 pounds of ganja to Mr Harrison. If the said ganja is not returned within seven days of the date of this letter, we have instructions to file a lawsuit against the JCF for trespass to goods, conversion, negligence, breach of bailment, breach of the constitutional rights to property, and breach of the constitutional right to freedom of religion,” Goffe said in his letter.

Goffe also referenced a situation in which a Rastafarian man was stopped by the police and a pound of ganja was confiscated from him. According to the attorney, the young man turned over the ganja to the police in fear as he was allegedly told to give over the weed or be arrested for it. He opted to avoid the latter and allegedly gave it to the police.

Goffe said the young man reached out to him and he encouraged him to go back for the ganja. However, he has not been successful in his attempt.

GOFFE… some police continue to want to interpret the law how they want to