Malawian High Court dismisses Rastafari member’s cannabis case over religious use
By: Malawian 24
The High Court of Malawi has dismissed a constitutional case in which Rastafari Church of Malawi member James Magwira challenged laws prohibiting possession of Indian Hemp for religious purposes.
The case, heard before Justices Justice Masoamphambe, Justice Kayira, and Justice Muhome, stemmed from Magwira’s arrest in July 2025 after police found him collecting a parcel containing 5.758 kilograms of Indian Hemp at a courier depot in Zomba.
According to court records, the hemp had allegedly been sent by fellow Rastafari church members from Mzuzu for use as a sacrament during a church gathering.
Magwira argued that the blanket prohibition of Indian Hemp under the Dangerous Drugs Act violated his constitutional rights, including freedom of religion, freedom from discrimination and human dignity, because the law does not provide exemptions for bona fide religious use.
However, the Attorney General maintained that the restriction is lawful and necessary to protect public health, arguing that the law applies equally to everyone regardless of religious belief.
In a unanimous ruling delivered on Friday, the court held that the Dangerous Drugs Act and its regulations do not violate constitutional rights to religion, are not discriminatory, and do not breach human dignity.
The judges further ruled that the law is reasonable, internationally recognized and necessary in an open and democratic society.
The court consequently dismissed the case in its entirety, with each party ordered to bear its own legal costs.
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