But it did not stop Senior Magistrate Will Francis from ordering Gianni Fenaroli to pay a $200 fine for possessing the drug on May 2, last year in Sandys Parish.

Fennaroli was charged with possessing 1.48 grams of cannabis after he was searched by a Policeman who earlier saw him exchange an object with another man on Broome Street.

The 28-year-old Rastafarian told the officer before he was searched: "I don't use drugs. I smoke marijuana.'' Yesterday, Fenaroli's lawyer, Sen. Lawrence Scott, told Mr. Francis in mitigation that "the Rasta is a person with a spiritual connection''.

"But for their use, Rastafarians are model citizens,'' Sen. Scott continued.

"Their position is that despite what the law says, marijuana is a sacrament.

Despite what Caesar says.'' Mr. Scott added Fenaroli was not involved in a transaction because as a Rastafarian, Fenaroli grew his own sacrament for "connecting spiritually''.

He ended by asking that Mr. Francis be mindful in sentencing Fenaroli of his Rastafarian beliefs of marijuana as a religious sacrament to god.

Sen. Scott also pointed out that there was a growing movement worldwide toward legalisation of marijuana.

Mr. Francis answered Mr. Scott: "Yes, well, I feel I must fine him until I hear otherwise. The fine will be $200.'' Earlier, Crown counsel Leslie Basden told Mr. Francis that a Policeman on Cricket Lane saw Fenaroli exchange an object with another man on Broome Street on May 2.

The Policeman followed Fenaroli as far as Middle Road at Scaur Hill, where he stopped him, and told him he would be searched under suspicion of contravening the Misuse of Drugs Act.

Fenaroli, 28, of Farmstead Lane, Sandys Parish, replied: "I don't use drugs.

I smoke marijuana.'' Ms Basden said Fenaroli turned and ran away from the Policeman in the direction of a small beach with several punts at Ely's Harbour.

The Policeman caught Fenaroli at a small dock where he told the officer: "You can search me now.'' Ms Basden said Fenaroli was searched, but nothing was found.

However, he was taken to the small beach where two small pay type envelopes were found near a punt. When he was asked about the plant-like substance in the envelopes, Fenaroli replied: "Smells good!''