Five years after the Sacramental Cannabis Act came into force, no sacramental use permit has been granted.
This was disclosed by Acting Commissioner of Police Erwin Boyce on Tuesday in response to questions posed by attorney Lalu Hanuman as the constitutional motion brought by Paul Ras Simba Rock entered its second day in the No. 8 Supreme Court before Madam Justice Michelle Weekes.
The Sacramental Cannabis Act of 2019 provides for persons responsible for managing places of worship to apply to the Minister of Legal Affairs for a sacramental use permit to allow persons of that religious body to use cannabis for sacramental purposes at that place of worship.
According to the legislation, the permit “grants permission for the cultivation and harvesting of cannabis on the premises of the place of worship for the sacramental use of persons who attend that place or worship; the possession, preparation or processing of cannabis as a sacrament at the place of worship; the smoking or other use of cannabis as a sacrament at the place of worship; and the storage, destruction, or disposal of cannabis at the place of worship”.
Hanuman, who represents Rock, noted that under the Act, the Commissioner of Police is to be informed when permits are granted. He asked Boyce how many had been given since the Act took effect.
“To the best of my knowledge, I am not aware of any licences being granted,” Boyce, a witness for the State, replied.
Pointing out that in 2022, there were 1 091 cannabis cases dealt with by the police service, Hanuman then framed several questions around police resources being used for cannabis matters.
He asked the Acting Commissioner how many resources were utilised to police cannabis offences. Boyce replied that the entire police service was involved in such, given its mandate to maintain law and order. The attorney then queried if more police resources would be freed up to tackle other crimes if cannabis was made legal, and Boyce agreed they would.
Earlier in responding to a question from King’s Counsel Sir Elliott Mottley, who is leading the Attorney General’s legal team in the matter, Boyce stated that if members of the Rastafarian community were allowed to grow and use cannabis within their homes for the use of sacrament, police resources would be challenged in terms of ensuring that there was compliance with what the permit required.
Also taking the witness stand, psychiatrist Dr Maisha Emmanuel acknowledged that the consumption of alcohol has psychiatric effects, before being asked whether there should be restrictions placed on those religions which incorporate alcohol into their ceremonies.
“For me, the issue would be how much alcohol would be used and what is acceptable and healthy consumption levels,” she said, later adding that there was evidence to show that some amount of alcohol can be protective to one’s cardiac functions.
Regarding cannabis, she said research had shown that there are medicinal benefits to cannabis use in irritable bowel syndrome, chronic pain management, nausea in cancer patients and other medical conditions. Dr Emmanuel stressed, however, that typically, cannabis was used only after several other medications have been tried on their own or in combination with others, and have not worked.
“Cannabis, just like moderate amounts of alcohol, can be positive?” Hanuman queried.
“It can be,” the psychiatrist replied.
“So, if the Christians can drink their wine, why would you say that the Rastafari cannot have cannabis?” Hanuman asked.
“I am not saying that. My concern about the use of cannabis centres around the psychological and psychiatric effects that can and do occur,” she replied.
Regarding the use of cannabis by Rastafarians during their ceremonies, Dr Emmanuel stated: “As a clinician, I cannot say to somebody smoking once or seven times a year will have no negative effect medically on them.”
The psychiatrist was also asked whether it would make a difference to a person’s health if they smoked a marijuana joint.
“We have an Act here that says you can smoke spliffs at a designated place of worship but you can’t smoke spliffs at home. It doesn’t make any difference to your (medical) health where you smoke the spliffs, is that not so?”
“Location will not change the medical effects,” Dr Emmanuel stated.
Psychologist Dr Brian Maclachlan also gave evidence on the state’s behalf.
Earlier in the proceedings, the final witness for the claimant, registered dental hygienist Andrea Marshall, who has been Rastafari since 1997, said the role of cannabis was to place her in a calm state of meditation during worship. She however pointed out that Rastafari women were not allowed in the Nyabinghi tabernacle during their menstrual cycle and therefore had to worship at home.
Rock, a member of the Rastafarian community, has brought the constitutional motion against the Attorney General claiming that the Sacramental Cannabis Act breaches his constitutional rights.
Deputy Solicitor General Marsha Loughheed, King’s Counsel Sir Elliott Mottley and attorneys Kashawn Wood and Noah Haynes represent the Attorney General’s office in the matter.
After the court was informed that the final witness for the state would not be available until close to the end of November, the matter was adjourned until January 15, 2025.
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