A travesty of justice

IN the Narcotic Drugs and Psychotropic Substances (Control), Chapter 35:01 persons caught in possession of and trafficking in narcotics and cultivation of some plants attract the same penalty. This law includes marijuana, cocaine, and other more dangerous substances and ought to be revisited as a matter of urgency.Its universality in treatment of violators, irrespective of the substance type, presents as unfair and unjust. Today’s science shows that marijuana has medicinal properties capable of treating illnesses such as glaucoma and cancer. Marijuana is also prescribed by medical practitioners as a treatment. Conversely, drugs such as cocaine are considered to have adverse effects, both short and long term, leading to incidents such as stroke, death and heart attack.

In some parts of the world, including sister Caribbean country Jamaica, certain amount of marijuana is decriminalised. Legitimate use of this drug is also proving to be a significant source of revenue earner; though this ought not to be the principal argument for revisiting the drug being deemed illegal. Given the stated, it is becoming increasingly difficult to ignore continued calls by national, regional and international individual or group for marijuana decriminalisation.

Quite recently a Member of Parliament from the Alliance for Change, a party in the current coalition administration, has taken a bold step in saying he would bring a bill to the National Assembly seeking its decriminalisation.

In the meantime, the nation learnt that a 65-year old woman was sentenced for being in possession of two grams of marijuana. At the same time several persons have been caught and found guilty of being in possession of cocaine, the most recent case in the public domain is that of Barry Dataram, a self-confessed drug lord. He was found guilty by the court for being in possession of 129.230 kilogrammes (284 pounds) of cocaine, and has attracted the same sentencing, i.e. five year, as the person found guilty of being in possession of two grams of marijuana.

Outside of the evident difference in use of marijuana vis a vis cocaine, the economic implications are not the same. Cocaine, given its market value is considered as status drug used mostly by persons of higher income bracket. And where violators of the drugs attract the same penalty in the specific category, it not only presents a sense of unreasonableness, but that of seeking to protect or make less severe the penalty for those in the cocaine trade.

Further, what is evidently absent in the law as is in dealing with this issue is the absence of latitude of flexibility to dispense with justice in an even-handed manner, or as is said in local parlance, ‘the penalty does not fit the crime.’ Additionally to revisiting modern thinking (socio-economic) and scientific evidence regarding marijuana, the law and its application must also reflect these considerations.

There is a need to continue the conversation, including through lens stated above. Guyana would find it hard to operate in isolation of 21st century thinking and scientific evidence. If those within ignore evolving trend there is need to be cautioned that it is only a matter of time before external influences and science will be brought to bear to bring the country into alignment.

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