The APNU+AFC government yesterday announced a two-month-old Cabinet decision to approve a proposal to remove custodial sentences for persons found with 30 grammes or fewer of marijuana, which the opposition called a “ploy” to gain political mileage.
The Ministry of the Presidency announced that the Cabinet, after extensive discussions and reviews, had approved a proposal to remove custodial sentences for persons found to be in possession of 30 grammes or fewer of marijuana. It further said possession remained an offence but persons would not be sentenced to terms of imprisonment as obtained in the past.
“This is the first of several steps that government intends to take as it considers the recently submitted Caribbean Community (CARICOM) Report on the usages of marijuana, and in particular, usages by our Rastafarian brothers and sisters who require it for use in their worship and sacrament,” it added.
However, the ministry issued another statement several hours later to clarify the announcement. It said the draft amendments of the Narcotics Drug and Psychotropic Substances (Control) (Amendment) Bill 2015 were presented to a Cabinet meeting in Linden on April 30th, 2019 but “there was a process involved, following which, this information has now been made public.”
“Before a Bill is sent to the National Assembly, it has to be approved by Cabinet. If there are any changes, it is sent to the Attorney General’s Chambers. However, once the final draft has been approved by Cabinet, it is added to the National Assembly’s Order Papers, read, debated and then voted on. The approval of the proposal therefore does not render it law; it is simply the first step,” the second statement explained. “Possession is still illegal. The Government only proposes to remove custodial sentences for 30 grams or fewer of marijuana,” it added.
The Alliance For Change (AFC), whose member Michael Carrington had tabled the amendments in 2015, welcomed the announcement, with General Secretary David Patterson calling the move “extremely progressive.” “We are very pleased for this move, which is in line with the thinking of the world and CARICOM,” he explained to Stabroek News last evening. At least one advocate from the Rastafarian community also welcomed the move. “Wise and bold first step to total “legalization” of ganja in Guyana. Nuff love. Jah Lives. Amen Ra,” Ras Leon Saul posted on his Facebook page in response to the move. Stabroek News reached out to Saul but up to press time he could not be reached for further comment.
While it was unknown what prompted the disclosure of the Cabinet appro-val yesterday, the opposition People’s Progressive Party (PPP) suggested that the announcement was a “transparent ploy” by the coalition to mislead Guyanese and, in particular, the Rastafarian Community.
In a statement, the party noted that the government had over four years to address the issue of removing custodial sentences for possession of small quantities of marijuana. “It failed to do so. The Narcotics Drug and Psychotropic Substances (Control) (Amendment) Bill — a bill to remove custodial sentences for possession of small amounts of marijuana — was brought to the National Assembly since December 10, 2015. The Coalition Government refused to debate it,” it said. The PPP also stressed that without an act of Parliament, talk about removing custodial sentences for possession of small amounts of marijuana “is nothing more than talk.” “It is not a promise fulfilled by the Coalition Government. It is a reminder that this is just another promise that was broken,” it added.
The party further said its position on the issue has been clear for years, while noting that reviewing possession of quantities of marijuana, which attract a mandatory, minimum, jail sentence, was included in the PPP/C’s 2015 elections manifesto. “This issue has been used repeatedly by the APNU+AFC Coalition to secure political mileage, nothing more,” the statement added.
The announcement also prompted concerns by the PPP about Cabinet continuing to meet despite the Caribbean Court of Justice (CCJ) finding that a motion of no-confidence had been passed against the government in December 2018. The passage of the motion requires the resignation of the Cabinet and the holding of new elections. Concerns have been raised for years about the lengthy sentences given to persons caught with small amounts of cannabis. In many cases, such persons receive the same sentence as those caught with large quantities of either cannabis or cocaine.
The proposal was first tabled in Parliament in December 2015 by Carrington but had been left to languish in legislative purgatory until May, 2018, when Carl Mangal was sentenced to three years in jail for the possession of 8.4 grammes of cannabis for trafficking. His sentence was subsequently overturned in the High Court.
Four months later, in September, 2018, President David Granger declared that amendments to existing legislation would be made after the Assembly returned from recess in October. “We (government) have taken a decision, in principle that custodial sentences for the possession for small amount of marijuana for personal use would be legally abolished. After the National Assembly comes off of its recess you could look forward to that legislation being passed. So it is already a decision which is agreed within the Cabinet, and we have no difficulty in implementing it,” President Granger had said when quizzed about the matter at a press conference at the Ministry of the Presidency at the end of August last year.
