The migration of many thousands of Hindus from India to the Caribbean in the 20th century may have brought this culture to Jamaica. Many academics point to Indo-Caribbean origins for the ganjah sacrament resulting from the importation of Indian migrant workers in a post-abolition Jamaican landscape. "Large scale use of ganjah in Jamaica... dated from the importation of indentured Indians..."(Campbell 110). Dreadlocked mystics, often ascetic, known as sadhus, have smoked cannabis in India for centuries.[18]
According to many Rastas, the illegality of cannabis in many nations is evidence that persecution of Rastafari is a reality. They are not surprised that it is illegal, seeing it as a powerful substance that opens people's minds to the truth — something the Babylon system, they reason, clearly does not want.[19] They contrast it to alcohol and other drugs, which they feel destroy the mind.[20]
They hold that the smoking of cannabis enjoys Biblical sanction, and is an aid to meditation and religious observance. Among Biblical verses Rastas quote as justifying the use of cannabis:
- Genesis 1:11 "And God said, Let the earth bring forth grass, the herb yielding seed, and the fruit tree yielding fruit after his kind, whose seed is in itself, upon the earth: and it was so."
- Genesis 1:29 "And God said, Behold, I have given you every herb-bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat."
- Genesis 3:18 "... thou shalt eat the herb of the field."
- Psalms 104:14 "He causeth the grass to grow for the cattle, and herb for the service of man."
- Proverbs 15:17 "Better is a dinner of herbs where love is, than a stalled ox and hatred therewith."[21]
- Revelation 22:2 " the river of life proceeded to flow from the throne of God, and on either side of the bank there was the tree of life, and the leaf from that tree is for the healing of the nations"
In 1998, then-Attorney General of the United States Janet Reno, gave a legal opinion that Rastafari do not have the religious right to smoke ganjah in violation of the United States' drug laws. The position is the same in the United Kingdom, where, in the Court of Appeal case of R. v. Taylor [2002] 1 Cr. App. R. 37, it was held that the UK's prohibition on cannabis use did not contravene the right to freedom of religion conferred under the Convention for the Protection of Human Rights and Fundamental Freedoms.
On January 2, 1991, at an international airport in his homeland of Guam, Ras Iyah Ben Makahna (Benny Guerrero) was arrested for possession and importation of marijuana and seeds. He was charged with importation of a controlled substance. The case was heard by the US 9th Circuit Court November 2001, and in May 2002 the court had decided that the practice of Rastafari sanctions the smoking of marijuana, but nowhere does the religion sanction the importation of marijuana. Guerrero's lawyer Graham Boyd pointed out the court's ruling was "equivalent to saying wine is a necessary sacrament for some Christians but you have to grow your own grapes."[23]
In July 2008, however, the Italian Supreme Court ruled that Rastafari may be allowed to possess greater amounts of cannabis legally, owing to its use by them as a sacrament
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