Court Says No to Holy Weed: Rastafarians Lose Bid to Legalise Bhang for Religion
Justice Bahati Mwamuye, however, ruled that the community had failed to prove that Kenya’s drug laws were unconstitutional.
Photo: Courtesy.
By Robert Mutasi
The High Court has dismissed a petition by the Rastafari Society of Kenya seeking to legalise the use of cannabis for religious worship.
The Rastafarians had moved to court arguing that cannabis, which they consider a sacred sacrament, is central to their doctrine and that criminalising it violates their constitutional rights to freedom of religion and belief. They were not pushing for the wholesale legalisation of bhang, but for a limited exemption that would allow followers to grow, possess and smoke it in private homes and designated places of worship.
Justice Bahati Mwamuye, however, ruled that the community had failed to prove that Kenya’s drug laws were unconstitutional. The judge found that the evidence tabled on the centrality of cannabis to the Rastafari faith was inconsistent and insufficient to establish it as an indispensable element of the religion.
The state had strongly opposed the petition, warning that a religious exemption would undermine the enforcement of anti-drug laws and create a convenient loophole for illegal trafficking. The court agreed, upholding the Narcotic Drugs and Psychotropic Substances (Control) Act which outlaws the cultivation, possession and use of cannabis.
Under the Act, possession for personal use can attract up to five years in jail or a fine of up to $800, while cultivation carries a fine of $1,900 or three times the market value of the plants and up to 20 years imprisonment, with stiffer penalties for trafficking.
While dismissing the case after six years in court, Justice Mwamuye called for a broader national conversation, noting that the cannabis question goes beyond the Rastafarian community. Lawyer Danstan Omari, representing the society, said they will appeal the decision, arguing that the dignity of Rastafarians must be respected.
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