May 8, 2018 Icon’s Son Was Caught With Marijuana. It Nearly Cost Him His Life. By Lulu Cohen

Jawara McIntosh was living a , Tosh and Marley co- good life in June 2013. A budding wrote one of the most celebrated pot recording artist, father, devout anthems, “Get Up Stand Up,” which Rastafarian and son of a legend, he has been adapted numerous times was traveling from New Jersey to to various freedom struggles across his home outside of Boston. the globe. Perhaps it was that With dreadlocks swinging and music mellowing, McIntosh heard our case could only be sirens. He was pulled over, his car searched. Police officers found a delayed so long by an large amount of cannabis in the car and arrested him. He was taken to unwilling prosecution in the Bergen County, New Jersey, Jail the face of the obvious in Hackensack. justness of our request McIntosh’s arrest reads much like any other scene in which an and repeated demands with individual was taken into custody on the tour, 1978 for possession of a substance that in by phone, email, and in today’s world is becoming legal. The “After years in court and after key difference is McIntosh’s family, court. posting $200,000 bail with help who hopes his story will shine a from of one of our father’s fans, light on cannabis-related injustices. — Joseph Tully Jawara accepted a plea bargain,” his sister, Niambe McIntosh said. McIntosh is the youngest son of Family Attorney “He was required to return to New reggae legend Peter Tosh. In 1976, Jersey to serve out the last six Tosh’s debut solo , “Legalize months of his sentence.” It,” was released in 1976, near the advent of the U.S. war on drugs. A In 2017, McIntosh returned to the founding member of the original Bergen County Jail to finish his Wailers, along with and sentence. With only about one

1 Continued on next page Continued from previous page month left to serve, Jawara was McIntosh was moved to a hospital brutally attacked by another inmate. near Boston. He remains in a The attack left him paralyzed and in coma while the family continues a coma. advocating for change in the policies that affect equal justice. “Part of their logic in accepting the plea was that Jawarra would be “Jawara has since been moved to able to serve his time in county jail a hospital near us in Boston where rather than in state prison,” said the care is better,” said Niambe Joseph Tully, one of McIntosh’s McIntosh. “ … Doctors told us to family attorneys, who characterized give up, but we refused. Jawara is prison as typically populated by a strong man of faith. He’s more more violent offenders. stable now but remains unable to talk. Recently, he held my hand McIntosh had sustained severe and his eyes followed me across the traumatic brain injuries and was room, but that’s rare. We will never hospitalized at Hackensack Medical give up on him.” Center in New Jersey. His tight-knit family was with him in hospital and In April, Brian Latture, manager of immediately rallied behind him the Peter Tosh Estate and Brands, to continue their pursuit of equal traveled to Washington, D.C., where rights and justice. Phil Murphy Governor of New Jersey Niambe McIntosh was scheduled to speak at the National Cannabis “Some states have begun legalizing Policy Summit. cannabis; but far too many Murphy who was responsible for the people continue to be stripped resolution. “Perhaps it was that our “Jawara’s charges were vacated of their freedom for cannabis case could only be delayed so long and dismissed, justice was finally related charges resulting in mass by an unwilling prosecution in the served,” Latture said. “Niambe incarceration, brutality, and face of the obvious justness of our went to DC to make sure the murder, depriving individuals of request and repeated demands by voiceless have a voice.” their constitutional rights,” said phone, email, and in court.” family attorney Jasmine Rand. New Jersey would be the largest Exactly one month after New Jersey state on the East Coast to Gov. Phil Murphy took office in legalize cannabis. One proposal January, all charges were vacated in being considered would legalize McIntosh’s case. Murphy has made possession of small amounts of cannabis legalization one the state’s marijuana, limit fines to $100 top priorities. and give the state’s Department of Law and Public Safety the power “Maybe Gov. Murphy taking office to regulate licenses for growers helped change the zeitgeist in the and sellers. Currently, New Jersey New Jersey court system and that law issues a $1,000 fine and/or created a different environment or six months of imprisonment for attitude towards cannabis cases,” possession of 50 grams or less of said family attorney Joseph Tully, cannabis. pointing out that it wasn’t Gov.

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