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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