…but continue lobby for decriminalisation of the weed for religious purpose
…PM says initiative aimed at cutting prison overcrowding

THE Guyana Rastafarian Council, though pleased with the steps being taken by the Government to remove custodial sentences for persons found with up to 30 grams of marijuana in their possession, remains firm in its position that Rastafarians should be allowed to practise their religion without limitation, and that includes the use of the herb.
Government has insisted that the proposed amendment to the law is to address the overcrowding of the prison system by youths for small quantities of marijuana possession.

Prime Minister, Moses Nagamootoo said the decision by the government has its genesis in the overcrowded prison the coalition Government inherited and its subsequent efforts to reduce it. He noted that this issue became starker following the 2017 Prison riot.

He said President David Granger had appointed him to lead a delegation which included Attorney General, Basil Williams and Minister of Public Security, Khemraj Ramjattan to meet with the then Chancellor, Carl Singh to explore ways of addressing the prison overcrowding. Mr. Nagamootoo stated that, during their discussion, it became known that many of the young people who were incarcerated were caught with small amounts of Marijuana, but because of the law mandatory custodial sentence was imposed on them. “It was under those circumstances our administration sought to find a way to deal with this issue and we felt that a first step would be to remove custodial sentences for 30 grams or less of marijuana.”

Meanwhile, in an exclusive interview with Guyana Chronicle on Wednesday, President of the Guyana Rastafarian Council Ras Simeon Selassie said Cabinet’s decision to approve the proposal to amend the Narcotic Drugs and Psychotropic Substance Control Act to remove custodial sentences for possession of up to 30 grams of cannabis, was long overdue.
“The Rastafarian Community is a nation of people that hold the sacramental use of the herb as a practice, a practice or a culture outwardly and there is more to be done to make sure that the Rastafarian Community is free from this violation. However, I give thanks that the Government’s interest, this day, lies in such a concern for the Rastafarian Community,” Ras Simeon said.

He noted that while the proposed amendment is intended to prevent persons from going to jail if found with 30 grams or less of marijuana, it is the belief of the Council that the Rastafarian Community should be exempted from the Narcotic Drugs and Psychotropic Substance Control Act all together.

“The Rastafarian Community must be exempted from custodial sentence. We must be free to use marijuana as a sacrament and this is with no apologies,” Ras Simeon told this newspaper while urging that the Government follow in the footsteps of Jamaica.

In Jamaica, the Dangerous Drugs Act was amended in 2015 to decriminalise the use of small amounts of cannabis. According to the Laws of Jamaica, possession of two ounces or less of cannabis is not an offence, and in the case of use for medicinal purposes, it is authorised once prescribed by a licensed health professional. Notably, the Rastafarian Community in Jamaica is allowed to smoke marijuana for sacramental purposes but this must be done within registered places of Rastafarian worship.

“I speak on behalf of the nation of Rastafarians and we must be exempted from these laws that violate our human rights,” Ras Simeon said.
Chairman of the Rastafari Core Group and General Secretary of the Guyana Rastafari Council, Ras Khafra Messdjehuti told Guyana Chronicle that the announcement made by Government on Tuesday that amendments will be made to the Narcotic Drugs and Psychotropic Substance Control Act leaves many unanswered questions.

‘If someone is found with 30 grams of cannabis what would be the fine? What would be the overall penalty? What kind of community service would be required, if any at all?’ – were among questions Ras Messdjehuti asked as he tried to analyse the announcement made by the Government.

The General Secretary of the Rastafarian Council said while he is pleased with the approval of the proposal, it would be good to know when the amendments would come up for debate and approval in the National Assembly. He noted that Government has long indicated that the laws would be amended to remove custodial sentences for possession of small amounts of cannabis but to date that has not been done despite repeated promises. He also expressed disappointment that after repeated consultations with the Rastafarian Community since 2015, the Government did not take the bold step to exempt the community from the Narcotic Drugs and Psychotropic Substance Control Act.

He, like Ras Simeon, underscored the use of ganja by the Rastafarian Community for sacramental purposes. “What we have been calling for is the respect of the human and constitutional rights of the Rastafarian Community. This is a sacrament and the laws of Guyana make provision for the religious community to exercise their religious practice. So this Act has been violating our human rights for decades and we have been calling on the Government to basically exempt the Rastafarian Community from prosecution under this Act,” Ras Messdjehuti explained.

Former Vice President of the Guyana Rastafarian Council Nicole Cole also expressed her disappointment about the non-exemption of the Rastafarian Community from any law intended to prohibit the use of cannabis. “We are guaranteed rights under the Constitution of Guyana and apart from that the 1997 Prevention of Discrimination Act makes it a crime to discriminate against a person because of their religion.

This is our religious right you are talking about. You are saying that everybody else has freedom of worship; the Rastafarians are not entitled to that right which is guaranteed under the constitution,” Cole reasoned.
On July 23, the Rastafarian Community will celebrate the birth of His Imperial Majesty Haile Selassie but there remains a concern that the police can disrupt their celebrations and haul Rastafarians before the courts for use of ganja.

“We are going to beat our drums and burn our herbs and we want to ensure that the police will not run in, dismantle, arrest, beat because you are burning your spliff, observing your religious rights. What guarantee does this new reform give to the Rastafarian Community? Nothing! It is like giving us basket to fetch water,” Cole told this newspaper. Louis Jordan, a member of the Guyana Rastafarian Council echoed similar sentiments.

According to the proposed bill seen by Guyana Chronicle, Section 4 (A) (i) and Section 4 (B) (ii) of the Narcotic Drug and Psychotropic Substances Control Act 1988 are being amended to remove the requirements for imprisonment for anyone found in possession of cannabis. Section 5 (2) (e), which addresses the issue of quantity, is being amended to increase the quantity of cannabis that attracts jail time.

In the Explanatory Memorandum signed by Government Member of Parliament Michael Carrington, it was explained that the bill is in direct response to the experience faced by many young Guyanese who have been incarcerated for small quantities of cannabis resin.

“This experience has further revealed that many of the young persons who have been remanded and incarcerated as a result of being charged with offences which involved relatively small quantities of cannabis or cannabis resin, have been exposed to persons who have been accused of and have been involved in much more serious violent offences. The social intercourse afforded by the incarceration has resulted in regrettable contamination and education of many young persons in criminal behavior and anti-social tendencies,” MP Carrington explained.

He noted that as a result of the current statutory provision, persons found with 15 or more grams of marijuana for personal or medical use, have been jailed for three or more years. “The proposed amendments will remove the mandatory imprisonment of persons who have been accused of having in their possession relatively small amounts of cannabis and cannabis resin. The amendment will also increase the quantity which will constitute a trafficking in cannabis or cannabis resin to one thousand grams,” the Member of Parliament noted.