…Gov’t approves proposed amendment to remove custodial sentence for 30g, or less, of marijuana
…Rastafarians, youths hail move ‘a good first step’

CABINET has approved a proposal for the removal of custodial sentences for persons found with up to 30 grams of marijuana in their possession, in keeping with a commitment made by President David Granger. The quantity, which constitutes a trafficking in cannabis offence, has been increased to one thousand grams in the proposal – a move which the Rastafarian Community is pleased with.

According to the Ministry of the Presidency, the decision to approve the proposal was arrived at after extensive discussions and reviews. It stated that while possession remains an offence, persons will 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,” the Ministry of the Presidency said on Tuesday.

Over the years, several persons have been placed behind bars for having small amounts of marijuana in their possession– a move which has been frowned upon, given the overcrowding of the country’s prisons. Once found in possession of more than five grams of cannabis, a person can be sentenced to three years in jail. Now that Cabinet has granted its approval, it is likely that Government will fast track its efforts at amending the Narcotic Drugs and Psychotropic Substance Control Act, in the National Assembly, to remove custodial sentences for possession of up to 30 grams of marijuana.

In an invited comment, Prime Minister, Moses Nagamootoo said the decision by the government had its genesis in the overcrowded prison the coalition Government inherited and its subsequent efforts to reduce it. He noted that this issue became starker following the 2017 Prison riot. He said President David Granger had appointed him to lead a delegation which included Attorney General, Basil Williams and Minister of Public Security, Khemraj Ramjattan to meet with the then Chancellor, Carl Singh to explore ways of addressing the prison overcrowding.

Mr. Nagamootoo stated that, during their discussions, it became known that many of the young people who were incarcerated were caught with small amounts of Marijuana, but, because of the law, mandatory custodial sentence was imposed on them. “It was under those circumstances our administration sought to find a way to deal with this issue and we felt that a first step would be to remove custodial sentences for 30 grams or less of marijuana.”

Alliance for Change (AFC) Member of Parliament, Michael Carrington, since 2015, had tabled a bill in the National Assembly for debate but it has been languishing on the order paper, being deferred time and time again.

In a letter to the Attorney General and Minister of Legal Affairs Basil Williams, on May 28, 2019, Minister of Natural Resources Raphael Trotman, said Cabinet had approved the draft Narcotics Drug and Psychotropic Substances (Control) (Amendment) Bill 2015. However, as is customary, Trotman asked the Attorney General to review the amendments. In that letter, Trotman disclosed that the draft Amendments were presented to Cabinet Meeting in Linden on April 30, 2019.

According to the proposed bill seen by Guyana Chronicle, Section 4 (A) (i) and Section 4 (B) (ii) of the Narcotic Drug and Psychotropic Substances Control Act 1988 are being amended to remove the requirements for imprisonment for anyone found in possession of cannabis. Section 5 (2) (e), which addresses the issue of quantity, is being amended to increase the quantity of cannabis that attracts jail time.

In the Explanatory Memorandum signed by MP Carrington, it was explained that the bill is in direct response to the experience faced by many young Guyanese who have been incarcerated for small quantities of cannabis resin.

“This experience has further revealed that many of the young persons who have been remanded and incarcerated as a result of being charged with offences which involved relatively small quantities of cannabis or cannabis resin, have been exposed to persons who have been accused of and have been involved in much more serious violent offences. The social intercourse afforded by the incarceration has resulted in regrettable contamination and education of many young persons in criminal behavior and anti-social tendencies,” MP Carrington explained.

He noted that as a result of the current statutory provision, persons found with 15 or more grams of marijuana for personal or medical use, have been jailed for three or more years. “The proposed amendments will remove the mandatory imprisonment of persons who have been accused of having in their possession relatively small amounts of cannabis and cannabis resin. The amendment will also increase the quantity which will constitute a trafficking in cannabis or cannabis resin to one thousand grams,” the Member of Parliament noted.

Rastafarians pleased
In an interview with Guyana Chronicle shortly after the announcement on Tuesday, Chairman of the Rastafari Core Group and General Secretary of the Guyana Rastafari Council, Ras Khafra Mesesdjehuti said that the Rastafarian Community is appreciative of the efforts made by Government and would like to see the amendments brought into law by an act of the National Assembly.

“The Rastafarian Council has been making efforts to have this Act reviewed. Since 2015 we approached the Government, and though we are a bit disappointed that it took so long, we are appreciative of the efforts, and we hope that this is a genuine move and it is not become of the elections climate,” Mesesdjehuti told this newspaper.

In 2018, a Regional Commission on Marijuana recommended that the use of marijuana be decriminalized across CARICOM Member States but in controlled and regulated amounts as in the case of alcohol.

The 10-member commission, which was made up of experts in the fields of medicine, medical and social research, law, education, psychiatry and criminology, analysed the social, economic, health and legal issues surrounding marijuana use, and had made some far-reaching recommendations with regards to the decriminalisation of cannabis.

The recommendations were made following extensive consultations in Antigua and Barbuda, Barbados, Belize, the Bahamas, Guyana, Montserrat, St. Kitts and Nevis, St. Vincent and the Grenadines and Suriname. In the report, the commission also made a case for legislation to be put in place to allow for research on medical marijuana.

Here in Guyana, the Rastafarian Community has been advocating for the decriminalisation of small amounts of marijuana to allow for them to practise their religion and culture freely. In fact, the Rastafarian Community has been calling for Government to legalize the use of two ounces or 56 grams of marijuana.

In 2017, the Antigua and Barbuda lower house of parliament voted in favor of the Misuse of Drugs (Amendment) Bill – a move which paved the way for decriminalising the possession of up to 10 grams of cannabis.

In Jamaica the possession of as much as two ounces or 56 grams of marijuana was amended to a petty offence in 2015. Other Caribbean islands have also moved to decriminalise small quantities of the plant.