On its long-held promise to address the decriminalisation of small amounts of marijuana here, the PPP/C government will soon begin public countrywide consultations on the matter, Attorney General Anil Nandlall yesterday said.
“The People’s Progressive Party/Civic (PPP/C) made a campaign promise to hold wide consultations on the decriminalisation of small quantities of marijuana. The President has requested that I begin the process shortly and I will,” Nandlall yesterday told Stabroek News.
The Attorney General said that he will move swiftly to see the process through to completion as it has been one that was promised by his government when in opposition.
Concerns have been raised 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. In the wake of the widespread outrage that was triggered in May 2018 by the sentencing of Carl Mangal to three years in jail for the possession of 8.4 grammes of cannabis for trafficking, both parliamentarian Michael Carrington and the Alliance For Change (AFC) renewed calls for the repeal of heavy custodial sentences for possession of small quantities.
Former President David Granger had announced in September of 2018 that his Cabinet had approved the removal of custodial sentences for possession of small amounts of marijuana and that the necessary amendments to existing legislation would be made after the National Assembly had returned from recess later in October that year.
Granger’s government fell to a no-confidence motion in December of 2018 and that was the end of the matter.
Nandlall pointed to Granger’s position on the issue as he reminded that at the 39th Regular Meeting of the Conference of Heads of Government of CARICOM, held on the 4th – 6th June 2018, in Montego Bay Jamaica, the Heads of Government considered marijuana, its status as an illicit drug and the possibilities of decriminalisation, regularisation and or commercialisation.
At that meeting, the report of the Regional Commission on Marijuana, which was compiled after region-wide consultations, was presented for consideration. At the conclusion of the conference, CARICOM Chairman and Jamaica’s Prime Minister Andrew Holness reported that the regional heads agreed that action is necessary at the national level by the relevant authorities to review the relevant status of marijuana as a schedule one drug, with a view to reclassification.
They also agreed, he said, that each member state would determine its own pathway to pursue the law reforms necessary as proposed by the Commission, in keeping with its own circumstances.
Nandlall explained that years before that meeting, the PPP/C, then in opposition had pledged to support such a Bill.
Conscience
“Even earlier in December 2015, Mr. Michael Carrington from the AFC had tabled a Bill in the National Assembly, which sought to decriminalise marijuana in small quantities. At the time, our General Secretary, Bharrat Jagdeo, had said that he personally supports the decriminalisation of small amounts of marijuana and that members of the PPP/C would be allowed to vote according to their conscience if it is ever put to the Assembly,” he said.
If such a Bill is brought back to the House in this 12th Parliament, it would possibly receive full support given the APNU+AFC’s stance and that both
A New and United Guyana (ANUG) and the Liberty and Justice Party had supported the decriminalisation of small amounts of marijuana.
Looking at the issue from a regional perspective, Nandlall cited several examples.
Reference was made to the 16th September 2020 edition of Barbados Today, when Governor General of Barbados, Dame Sandra Mason shared that persons caught with 14 grams of cannabis or less will no longer be arrested and taken before a court. Instead, she had said that persons will be required to pay a Bds$200 fine within 30 days. She also said that persons caught smoking would be subjected to the same penalty, and explained that the Drug Abuse (Prevention and Control) Act would be amended to reflect the change.
Over in Jamaica, Nandlall pointed out that it had amended its Dangerous Drugs Act with the Dangerous Drugs Amendment Act since 2015, effectively decriminalising the possession of small quantities of marijuana for personal use. The shift was approved by Jamaica’s Cabinet since 2014. Jamaica therefore leads CARICOM in this regard, although this should not come as a surprise, given Jamaica’s cultural and historical relationship with marijuana.
“Barbados has also promulgated the Sacramental Cannabis Bill 2019, and the Medicinal Industry Bill, 2019. The latter provides for the regulation of the intended medicinal marijuana sector in Barba-dos, and the establishment of various entities involved in the regulation of the sector. The former allows “a person who is an adherent of the Rastafarian religion and for Rastafarian congregations to use marijuana as a sacrament in worship at a place of worship or a public place, and for related purposes”, the Attorney General said.
“The Dangerous Drugs Amendment Act also mandated the establishment of the Cannabis Licensing Authority (CLA) for the purpose of establishing and regulating a ganja and hemp industry in Jamaica. A draft Dangerous Drugs (Cannabis Import and Export Licensing) Regulations was promulgated in 2019 and was still being reviewed as recent as June of 2020. The purpose of the law is in the title,” he added.
And in Trinidad and Tobago, Nandlall reminded that in November 2019, the Dangerous Drug Amendment Act and the Cannabis Control Authority Act was laid in the Parliament of Trinidad and Tobago (TT).
The former legislation, which was passed last December, is aimed at permitting persons with up to 30 grams of marijuana in their possession for personal use, while persons with 31-60 grammes would be issued a “fixed penalty notice/fine” of TT$2,000, in default of which persons will be required to pay a fine of as much as TT$50,000. Persons held with 60 to 100 grammes are exposed to 50 hours of community service and a maximum fine of $75,000 while over 100 grammes would trigger the original law, which is that they will be brought before the court and face a maximum fine of $250,000, and three years’ imprisonment, he noted.
Further, he added, “TT Attorney General, Faris Al-Rawi, M.P., has also said that persons with criminal records for possession of up to 60 grammes of marijuana may apply to have their records expunged. The amendment also makes allowances for using marijuana in a private dwelling.”
He said that as Attorney General, he recognises that segments of the population feel strongly about this matter, one way or another but “however, it is clear that the trend in the Region is in favour of decriminalisation for small quantities.”
“Nevertheless, we will adopt, as we usually do, a consultative route on this matter before coming to our final position. This process will unfold shortly and will be driven by a governmental multi-sector approach,” Nandlall said.