Rastafari Rights Recognition Bill, 2023
No. … of 2023 Saint Christopher and Nevis
SAINT CHRISTOPHER AND NEVIS
No. … of 2023
A BILL to provide for the process of registration of Rastafari groups, recognition of various rights related to the use of cannabis by registered Rastafari groups, licencing for the freedom of conscience possession and use of cannabis in certain public places, and for other related matters.
BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis, and by the authority of the same as follows:
1. Short title.
This Act may be cited as the Rastafari Rights Recognition Act, 2023. 2. Interpretation.
In this Act—
“adult” means a person at least 18 years of age;
“cannabis” (except in the expression “cannabis resin”) means any plant of the genus Cannabis or any part of such plant by whatever name designated except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely—
(a) the mature stalk of any such plant;
(b) the fibre produced from mature stalk of any such plant; and
(c) the seed of any such plant;
“cannabis material” means—
(a) cannabis;
(b) cannabis resin; and
(c) any other raw material derived from cannabis;
“cannabis resin” means the separate resin, whether crude or purified, obtained from any plant of the genus cannabis;
“Rastafari group” means a tribe, community, order or other group of citizens or lawful residents of Saint Christopher and Nevis who believe in the Rastafari movement and adhere to Rastafari principles and practices;
“Minister” means the Minister responsible for faith-based affairs;
“Ministry” means the Ministry responsible for faith-based affairs;
“place of assembly” means a place of gathering of a Rastafari group for the purpose of practicing the tenets of Rastafari;
“permitted public place” includes an indoor or outdoor area, whether privately or publicly owned, to which the public has access by right or by invitation, expressed or implied, whether by payment of money or not, excluding—
(a) schools and all other educational institutions;
(b) school buses or other educational transportation;
(c) hospitals;
(d) health centers;
(e) churches or other religious establishments except as is permitted under the Act or any other law;
(f) police stations or training facilities;
(g) defence force camps or training facilities;
(h) correctional facilities whether publicly or privately operated; (i) community centres;
(j) Government and Statutory Corporation offices;
(k) Motor vehicles owned by Government or a Statutory Corporation; and (l) other public places declared by the Minister by Order;
“smoke” or “smoking” means to inhale, exhale, burn, combust or vaporise any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis resin intended for inhalation, whether natural or synthetic, in any manner or in any form and includes the use of an electronic smoking device that creates an aerosol or vapour, in any manner or in any form, or the use of any orally used device for the purpose of circumventing the prohibition of smoking.
3. Registration of Rastafari groups.
(1) A Rastafari group may be registered with the Ministry.
(2) An application for registration pursuant to subsection (1) shall be made in the form set out in Part I of the Schedule.
4. Registration of Rastafari place of assembly.
(1) A Rastafari group, after or contemporaneously with its application for registration with the Ministry pursuant to section 3(1), may apply to register its place of assembly.
(2) An application for registration pursuant to subsection (1) shall be made in the form set out in Part II of the Schedule.
No. … of 2023 Rastafari Rights Saint Christopher Recognition Bill, 2023 and Nevis
5. Concessions for registered Rastafari group.
(1) A registered Rastafari group may apply through the Ministry to the Cabinet of Ministers for the following waivers and concessions—
(a) waivers of licence fees granted pursuant to the Cannabis Act, 2020;
(b) waivers on business licence fees granted pursuant to the Licences on Business and Occupations Act, Cap. 18.20;
(c) concessions on the payment of unincorporated business income tax pursuant to the Unincorporated Business Income Tax Act, Cap. 18.46;
(d) concessions on the payment of corporate income tax pursuant to the Income Tax Act, Cap. 20.22;
(e) concessions on the payment of customs import duties on goods imported into Saint Christopher and Nevis pursuant to the Customs Act, Cap. 20.04;
(f) waivers on property tax granted pursuant to the Property Tax Act, Cap. 20.32; (g) purchase of parcels of Crown land at concessionary rates; and
(h) lease of parcels of Crown land at concessionary rates.
(3) An application for registration pursuant to subsection (1) shall be made in the form set out in Part III of the Schedule.
6. Registration free of charge.
The registration of a Rastafari group or Rastafari place of assembly with the Ministry shall be free of charge.
7. Renewal of registration every two years.
To remain on the Register of Rastafari groups, a Rastafari group shall be required to re register every two years.
8. Regulation of use of medicinal cannabis at place of assembly.
(1) At a registered place of assembly, cannabis material may be grown, harvested, dried, trimmed, cured or possessed by the adult members of a registered Rastafari group as a sacrament for upliftment or edification.
(2) Notwithstanding subsection (1), a registered Rastafari group may also be licenced in accordance with the provisions of the Cannabis Act, 2020.
9. Fraudulent Misrepresentation or other offences.
(1) A person who fraudulently misrepresents a group as a Rastafari group for the purposes of an application pursuant to this Act—
(a) if he or she has not benefited from the fraud, shall be liable on summary conviction to a fine not exceeding $100,000 and to imprisonment for 2 years; or
(b) if he or she has benefited from the fraud and has received Cabinet concessions to acquire property, shall be liable on indictment to a fine not exceeding $250,000 and to imprisonment for 5 years and the Court may—
(i) declare any property acquired through the fraud to be forfeited to the State; or
(ii) order that an amount equivalent to the value of the concessions granted be paid to the State.
(2) A person who contravenes the provisions of this Act or Regulations made under this Act, for which a penalty is not specified, shall be liable on summary conviction to a fine not exceeding $30,000.
10. Amendment of Schedule.
The Minister may, by Order published in the Gazette, amend the Schedule. 11. Regulations.
The Minister may make Regulations for giving effect to this Act.
SCHEDULE
Part I
Form I
Application for Rastafari Group Registration Form
Name of Rastafari Group:
Name of appointed Leader(s)/Elder(s):
Number of Members:
Usual place(s) of assembly:
Contact information (including physical address, Telephone No., e-mail address):
Part II
Form II
Application for Registration of Place of Assembly Form
Name of Rastafari Group:
Name of appointed Leader(s)/Elder(s):
Number of Members:
Usual place(s) of assembly:
Contact information (including physical address, Telephone No., e-mail address): Location of place of assembly:
Survey plan for place of assembly prepared by licenced land surveyor:
Part III
Form III
Application for Concessions for Faith Based Purposes
Name of Rastafari Group:
Name of appointed Leader(s)/Elder(s):
Number of Members:
Usual place(s) of assembly:
Contact information (including physical address, Telephone No., e-mail address): Certified Copy of Certificate of Registration Attached: Yes …. No … Concessions Applied for:
……..…………………………………. Lanein K. Blanchette
Speaker
Passed by the National Assembly this day of , 2023.
……..…………………………………. Trevlyn Stapleton
Clerk of the National Assembly
