The parliamentary committee undertaking the review of the government bill to eliminate custodial sentences for possession of less than 30 grammes of cannabis has invited public submissions on the proposed legislation.
Attorney General Anil Nandlall SC is encourages civil society to take advantage of the invitation to the public for written submission on the bill to amend the Narcotic Drugs and Psychotropic Substances (Control) Act.
“The special select committee will consider and decide on the quantum of marijuana that would have a non-custodial sentence…after reviewing the written submission in respect of the bill,” Nandlall said.
While the decision on the quantum is an important area that the select committee is seeking contributions for, Nandlall pointed out that contributions need not be limited to that section of the bill. He added that persons can make inputs on any section of the bill.
Nandlall, who chairs the special select committee, said inputs are being from persons across the country, including those who are opposed to the removal of custodial sentences.
The bill was first read in the National Assembly in January 2021 and has since been with the committee for consideration.
In recent advertisements, the committee invited persons to make written submissions expressing their views on the bill. All submissions are to be no more than a 1,000 words and should be submitted to the Clerk of the Committee through the Parliament Office no later than March 21. (Submissions can be hand delivered to the Committees Division at the Parliament Office at Brickdam Georgetown or can be emailed to sereeta.bethune@parliament.gov.gy
The amendment has been long in the works and comes on the heels of a stalled amendment tabled under the APNU+AFC coalition government to decriminalise possession of small amounts of marijuana.
The coalition had said that the inactivity of the National Assembly in 2019 due to the passage of the no-confidence motion against the then government on December 21, 2018 prevented the successful piloting of the previous amendment through the National Assembly.
Nandlall upon returning to government tabled a fresh amendment with the proposal to eliminate custodial sentences for possession of less than 30 grammes of cannabis.
Yesterday, he told this newspaper that after reviewing the written submissions, the committee will determine whether there is a need for oral contributions from those who submitted written contributions.
“…Government has committed to the process of consultations in every sphere of decision-making and the legislative agenda is no exception. This process is the manifestation of that commitment,” he stated before emphasising “we aim to get contributions from far as possible and table a bill acceptable to all.”
In January, 2021, a motion by APNU+AFC Member Sherod Duncan to introduce a separate bill eliminating custodial sentences for up to 500 grammes was defeated after several hours of debate at the Arthur Chung Conference Centre.
Duncan had said persons suffer jail time as a consequence for marijuana use and many after their first experience with the law resolve to continue along the path of crime as a way of life.
Just over six months ago, the Rastafarian community protested for movement on the removal of custodial sentences for the possession of small amounts of marijuana.
The Guyana Rastafari Council’s Ras Simeon had said the Council viewed the continued criminalization of the possession of small amounts of cannabis as being responsible for the continued violation of their human rights.
At that time, General Secretary of the Guyana Rastafari Council Ras Khafra stated that the government has been procrastinating and noted that the group will continue to protest to have their demands addressed. He noted, “Everything that they’re talking about is about sentencing policy and that’s not what we’re talking about. We’re talking about the recognition of the rights of the Rastafari community.”
According to the Explanatory Memorandum of Nandlall’s bill, under the new subsection (2A) the possession of a quantity of cannabis or any substance held out to be cannabis which does not exceed fifteen grammes would be punishable by mandatory counselling for a period to be determined by the counsellor. Under (2B) the possession of any quantity of cannabis or any substance held out to be cannabis which exceeds fifteen grammes but does not exceed thirty grammes would be punishable by community service which includes employment in a public work under the Extra-Mural Work Act, for a period not exceeding six months.
Clause five seeks to amends section 5(2)(e) to increase the quantity of cannabis, in relation to the burden of proof being placed on a person to prove that the person is not in possession of cannabis for the purpose of trafficking, from more than fifteen grams to more than thirty grammes.
Clause six seems to amend section 12 to remove the fine and term of imprisonment for the smoking, inhaling, sniffing, or otherwise using cannabis, being found in a place used for that purpose, or being the owner, occupier, or concerned in the management of any place used for preparation of cannabis for that purpose. The amendment also seeks to remove the penalty for the possession of any pipe or other utensil used in connection with the smoking, inhaling or sniffing or otherwise using of cannabis.
These offences would be punishable by community service for a period not exceeding six months. In addition, the offence of handling any package, container or other thing which contains a quantity of cannabis not exceeding fifteen grammes, is now punishable by mandatory counselling for a period determined by the counsellor. Where the package, container or thing has a quantity of cannabis or any substance held out to be cannabis which exceeds fifteen grammes but does not exceed thirty grammes the offence would be punishable by community service for a period not exceeding six months in relation to cannabis and a period not exceeding three months in respect of the substance.
Further, while the clause seeks to expunge the fine and term of imprisonment for smoking cannabis, it also prohibits the smoking of cannabis in certain places in line with the prohibition of smoking in public places provided for under section 16 of the Tobacco Control Act.
