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Letter: The Constitution and marijuana

Thursday 8 February 2024 | Written by Supplied | Published in Letters to the Editor, Opinion

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Letter: The Constitution and marijuana

The Constitution forms the basis of law within the Cook Islands and defines the principles of which the government, including the justice system must operate.

As it turns out the Drugs Act of 2004 prohibiting the use, possession and selling of marijuana either for medicinal or recreational use contradicts the laws of our Constitution.

Please allow me to explain.

Our Constitution was amended on 19 March 1997 and the amendment states:

In The Holy Name of God, The Almighty, The Everloving, and the Everlasting: We, the people of the Cook Islands recognise the heritage of Christian principles, and the Cook Islands is a nation founded on Christian principles.

And in Mark 7: 14-23: Jesus summoned the crowd again and said to them,

“Hear me,all of you,and understand. Nothing that enters one from the outside can defile the person, but the things that come from within are what defile.”

When he got away from the crowd, his disciples questioned him about the parable. He said to them, “Are you even likewise without understanding?

Do you not realise that everything that goes into a person from outside cannot defile, since it enters not the heart but the stomach and passes out into the latrine?” (Thus, he declared all foods clean)

And yes, in fact marijuana is a food, cannabis is infused in food and drinks and have been consumed throughout history, as far back as 1000 BC. Of course, Jesus knew that marijuana was a food when he was preaching on earth because he is God and knows all things.

Marijuana is also classified as a fruit in the Drugs Act.

Also, in our Constitution, it states: Part IV4 – Fundamental Human Rights and Freedoms: It is hereby recognised and declared that in the Cook Islands there exist, and shall continue to exist, without discrimination by reason of religion.

Therefore, according to the laws of our constitution we are a Christian nation cannot be discriminated against for following the Christian principles taught to us by Jesus Christ that all foods are clean.

Jesus concluded in Mark 7: 14-23 – “But what comes out of the man, that is what defiles him. From within the man, from his heart, come evil thoughts, unchastity, theft, murder, adultery, greed, malice, deceit, licentiousness, envy, blasphemy, arrogance, folly. All these evils come from within and they defile.”

According to Christian principles, consuming marijuana both medically and recreationally does not defile you unless you abuse it, then only God can judge you and most certainly not our judicial system.

It is against the laws of our constitution for the justice system to prosecute anyone for marijuana unless they abuse it by allowing its use by children in any way or its consumption results in any vehicular violation.

And it is immoral for the justice system to prosecute marijuana use in any way other than what I have written above because cannabis prosecution is also inconsistent with the norms and morals prevailing in our Christian community where 60 to 70 per cent of our people consume it.

One part of Christian principles is to pursue righteousness and practise justice and mercy for all.

The Prime Minister Mark Brown is fond of quoting the teachings of Jesus and I applaud him.

Now let’s see if he practises what he preaches by living up to our Lord’s teachings on the consumption of marijuana.

Steve Boggs