Kenyan court dismisses Rastafarians' bid to legalise cannabis

In their petition, the Kenya" class="entity-link entity-organization" data-entity-id="165479" data-entity-type="organization">Rastafari Society of Kenya had argued that cannabis was a sacred sacrament in their faith and sought permission for followers to grow, possess and use it privately during worship without fear of arrest.It maintained it was not asking for the wholesale legalisation of cannabis, but a limited exemption for religious purposes in private homes and designated places of worship.In their submission, the Rastafarians argued that smoking cannabis was part of their religious doctrine which must be respected and upheld.But the state opposed their plea, arguing that creating a religious exemption would undermine the enforcement of Kenya's anti-drug laws and could create loopholes for illegal cannabis trafficking.Justice Mwamuye also found that the evidence presented on the centrality of cannabis to the Rastafari faith was inconsistent and insufficient to establish that its use was an essential element of the religion.He upheld the constitutionality of the drug laws prohibiting the cultivation, possession and use of cannabis, dealing a major blow to the Rastafarians' six-year legal battle. The judge noted that any exemption permitting the use of cannabis for religious purposes would require a sound constitutional and legal foundation. "We ought to have frank conversations on cannabis and which directions we should take," Justice Mwamuye said.