Freedom of Religion

Yo man! Dis be da downlow bout wheder ya can light up dem blueberry bushes man!

The truth is, believe it or not, that in the United States, a Rastafarian can, (and will) smoke marijuana. In the Rastafarian religion, marijuana is a hallucinogen that brings the believers closer to divinity. It is smoked as a type of ceremony. However, this has been an issue in the United States because the possession, trafficking, and use of illegal drugs, including Marijuana, are illegal. However, is this law a violation of religious rights for Rastafarians living in America? A conservative three-judge panel said a Rastafarian could not be federally prosecuted for merely possessing marijuana, a decision that upheld a portion of the 1993 Religious Freedom Restoration Act. (Wow, and that was coming from conservatives!) So yes, it is; and yes, they can!

The truth is, the major issue with drugs in the United States is the trafficking, selling, and violence that is attached to the “business” aspect of marijuana. Realistically, a Rastafarian is generally not seeking to sell, but using marijuana religiously and personally. Therefore, Rastafarians are cleared for owning and possessing the drug, but are subject to prosecution for selling.

The religious freedom law protects religious practices from legal interference unless the government can show a strong need for enforcement. It was prompted by a 1990 U.S. Supreme Court ruling allowing Oregon to enforce an anti-drug law against a Native American who used peyote for religious purposes. This is similar to the use of Mary Jane by Rastas’.

Ironically, present day, a Rastafarian can light up on the Golden Gate Bridge, but it is still illegal to smoke weed in Jamaica. That’s right, the home of Bob Marley, and no way. However, chances of getting “in trouble” for smoking weed in Jamaica is also very unlikely.

So what does this mean? Can anyone pass as being Rastafarian now and get the rights to smoke at their own leisure? Unfortunately no. The government, although unable to restrict too harshly because of the liberty to free religion, can make judgments on who is Rastafarian and not. For example, it is also a part of the religion to have a full head of dreadlocks. No white boy with a crew cut is gonna get the pass.