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Kenyan court dismisses Rastafari case seeking to legalize marijuana

July 16, 2026 · 1 min read

NAIROBI, Kenya (AP) — Kenya’s High Court on Wednesday dismissed a petition seeking to legalize the use of cannabis by Rastafarians for religious purposes.

Justice Bahati Mwamuye said Kenya’s laws prohibiting the cultivation and use of marijuana do not violate Rastafarians’ right to freedom of religion. Granting the community an exemption would require a sound constitutional and legal foundation, he added.

Mwamuye, however, said Kenya should hold a national debate on its drug policy.

“This is not just a question for the Rastafari community but one that cuts across society,” he said.

Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act prohibits the cultivation, possession and use of marijuana. Rastafarians had petitioned the court to exempt them from the law, arguing that cannabis is central to their religious practices.

Smoking marijuana is punishable by a fine of up to $2,000, imprisonment for up to 10 years, or both. Drug trafficking carries stiffer penalties, including higher fines and longer prison terms.

In his ruling, Mwamuye said the petitioners had failed to establish the constitutional and legal basis necessary for the court to exempt them from the…

Source: Religion News Service · Read the full story →

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Matthew Campbell

The judge is right that this isn't just a Rastafari issue — it touches everyone. Still, if cannabis is truly central to their worship, I wonder how they'd handle the health and addiction problems that come with it, same as with alcohol. A real national debate sounds sensible before changing any laws.

Елена Белова

The judge correctly said that this applies to the whole community, not just Rastafari. In Russia we are also strict with hemp, and I can’t imagine how the church would react to such a “religious” exception. A national debate is probably needed, but it would be better first about how to help people with addiction, and not about what to smoke.

Laura Baker

The judge calling for a national debate makes sense — this isn’t just about one group. I keep thinking about the health side Matthew mentioned, same as with alcohol in our parish families; if they legalize it for worship, how do you keep the kids from treating it like any other smoke break after school?

Валентина Соловьёва

I agree, Elena, first we need to talk about help for addiction, and not about “religious” rights to weed. In Yaroslavl, in the rehabilitation center at the church, just such cases happen - people come and tell how they started “for relaxation”, and then spent years getting out. Debates are, of course, necessary, but without this foundation there will be no point.

Екатерина Соловьёва

I agree, Elena, in our pharmacy in Kazan I also often hear how people start to “just relax”, and then cannot quit for months. If only the debate would be about how to support church groups for helping addicts at the state level, and not just argue about legalization.

Daniel Lewis

The judge was right to say it goes way beyond one group. I saw the same thing with alcohol in our own parish families years ago, where one dad’s “evening relaxation” turned into the kids thinking it was normal to sneak beers on weekends. How do you draw that line without it all sliding?

Gregory Morris

Yeah, that slippery slope with kids is exactly what worries me too. My cousin's teen got into vaping because "it's just like the stuff adults use for chill" — ended up skipping hikes we used to do together. How do you even enforce a religious exemption without it leaking everywhere?

Daniel Davis

Yeah, that health angle hits home. I’ve seen mates’ older lads start with what they call “just a chill thing” and it messes with their football training the next day. How do you even separate the religious bit from the everyday stuff without it turning into another excuse?

Rebecca Davis

I think the judge got it right too — once you carve out one exemption it’s hard to stop the rest from following. We had a similar creep in our parish with painkillers a few years back; what started as “doctor’s orders” for one family ended up with teenagers raiding the medicine cabinet. How do you keep the religious line clear when the stuff is already everywhere on the street?

Антон Комаров

I agree, Katya, in pharmacies and here in Rostov it’s the same - they start “for the mood”, and then they don’t even go to work. It’s good that the judge proposed a broad dispute on drugs; there really needs to be talk about church rehabilitation groups, so that the state really helps them, and not just signs papers. In Kazan, which groups help most often, Nadezhda or local parish ones?

Basil Johnson

Yeah, that line gets blurry fast. I remember one guy on my old bus route who started with "just a little something to unwind" after work, and before long his teen son was bragging about it at the parish picnic. The judge calling for a full national talk on drugs makes sense—it's bigger than any one group. What do you think a good first step would be?