PRESIDENT David Granger has announced that his government intends to amend the Narcotic Drugs and Psychotropic Substance Control Act to allow for the removal of custodial sentences for possession of small amounts of marijuana. But he has made it clear that this decision should not be seen as his administration encouraging the use of marijuana.
The announcement however, will no doubt be applauded by many, some of whom have been advocating for decriminalisation of marijuana. The President’s announcement also comes on the heels of a CARICOM-commissioned study on marijuana, which incidentally has called for decriminalisation across the 15 member states, but in regulated amounts.
Over the years, there have been fierce debates on the topic with the junior partner in the coalition government the Alliance For Change, in recent times leading the charge for legislative changes. That party had been consistent in calling for the removal of custodial sentences for small amounts and it seems it has succeeded in persuading cabinet that this would be a very good step.
What society knows is that marijuana is a criminalised product and the Guyana Government does not encourage or condone its cultivation. The society is aware of police raids and capture. Persons caught using or possessing this substance, or planting it, are liable for prosecution and incarceration.
Some $11.7B in cannabis was seized by the security agencies last year. The GPF seized 64,887kg 674.45g of cannabis, while CANU seized 123kg 825g and GRA-DEU seized 18kg 982g, totalling 65,030kg 481.45g of cannabis, altogether representing $180 per gram. In the case of eradication of illicit cultivations, there were nine operations in which nine fields were targeted, representing 17.5 acres of land.
Some 61,330 plants were discovered weighing 75,166kg. In the case of dried cannabis, 2kg 210 grams were discovered and some 1355kg 231.45g of herbal seizures were done, representing a grand total of 1357kg 441.45g. Only two persons have been charged. Dried cannabis representing $397,800 was seized ($180 per gram street value), while herbal seizures represented a street value of $243, 941,661 ($180 per gram, street value); a combined total of $244,339,461.
What is also known is that penalty seems to be at the discretion of the presiding magistrate. There has been public condemnation of the penalty attached to the possession and/or use of this substance; the absence of universality in convictions with regard to cases involving this substance; comparison of penalty attached to convictions in regard to this substance with other substances that are considered hard drugs; and calls for a review of its criminalisation. Government is attempting to fix this problem, by removing custodial sentences for small amounts. The next question would be what amount would be considered small.
Only this week we heard Attorney General Basil Williams saying that when he had met with the Rastafari community, “they were saying they wanted to be able to walk around with 53 grams…” Government may perhaps be required to undertake another round of consultations to settle this or may prescribe an amount based on expert advice.
Society has also seen users of the product ‘getting high’ and displaying pleasant and not-so-pleasant reactions and conduct.
At a cultural level, marijuana is seen by our Rastafarian brothers and sisters as a “wisdom weed”, the usage of which forms part of their religious beliefs and praxis. Musicians, the most notable of whom was Robert “Bob” Marley, have celebrated its usage in songs and have openly used it on stage. Its usage has also been seen in movies, including its paraphernalia with the gathering of users in communal interaction. Open smoking of marijuana was, moreover, seen as an act of resistance to sections of society and the political system that saw Rastafarians as fringe elements.
In short, marijuana use is part of our culture and has been revered by some, celebrated by others, and shunned by most. Unlike marijuana, hemp (a type of marijuana plant) is not known to the society, and conversations on this will also be useful in helping to bring about knowledge, and create awareness and understanding. Additionally, there are other sides to these products that the society is deserving of knowing because they would lend to society being more informed and would guide actions and reactions, going forward.
The academic community has weighed in on the matter. Our Caribbean sociologist Dr Barry Chevannes has proposed the possibility of expanding the use of the product in pharmacology and in industry, along with government playing a role through an intensive education drive, particularly among young people, to reduce the demand for the drug. It is said that in the 1970s, two University of the West Indies (UWI) researchers developed from marijuana a drug called Canasol for the treatment of glaucoma.
Hemp has also been found to have several industrial applications, including in the manufacture of rope, cloth, and other products. And while recreational use of marijuana remains controversial, medical practitioners have advanced its utility as a drug in dealing with illnesses such as cancer and glaucoma.
This is not to say that there is no adverse side effect in the use of marijuana, for it has been found that overuse can lead to dependency and alter memory and emotions. Our society has a long way to go in creating the right environment for the effective regulation of marijuana and we cannot agree more with President Granger in insisting that government will not be pushing for the industrialisation of marijuana production.
He said: “We are not moving towards encouraging the industrialisation of marijuana production. I think that is a little premature in the context of Guyana, and we have vast landscapes in comparison with some of the Caribbean island states; we have challenges for enforcement and challenges for control of that land space, and it will be very difficult for Guyana to embark on that course at the present time. With the move towards the removal of the custodial sentences for small amounts, we are not moving towards the encouragement of the use of marijuana.”
President Granger is no doubt mindful that the issue we face is not about whether reform should happen at all, but if a certain kind of change goes too far. As a security expert, he would know that this is typical of drug policy: it is not about which option is perfect, but about which option is the least bad. After decades of dealing with the war on drugs and its failures by the previous administration, his government is choosing the safer route by keeping the prohibition, but offering some respite to the ‘small users.’
