MEMBERS of the local Rastafarian community are delighted at what is seen as a major breakthrough by the Special Select Committee of the National Assembly on the Narcotic Drugs and Psychotropic Substances Control Amendment Bill 2021.

The perceived victory is Parliament’s calling on Tuesday for written submissions from the general public on their views on the Bill no later than March 21, 2022. The proposed Bill seeks to remove “jail time” as the automatic sentence for persons found to be in possession of a small quantity of marijuana.

The Rastafarian community here in Guyana has been one of the biggest proponents of the Bill, on the grounds that the reason they consume the substance is because it aligns with “the spiritual, indigenous and cultural belief” of the Rastafarian Movement.
“I think it’s a good move that the government is making; it is long due because this was supposed to be done a long time ago,” said Ras Richard Taylor, Vice- Chairman of the Rastafari Initiative for Social Economic Empowerment (RISEE).

Taylor noted that moving forward on the Bill is something that the community would’ve lobbied continuously for during the previous administration without success.

“From the previous government, we were waiting on CARICOM to carry out an inquiry. And when CARICOM finished carrying out their inquiry, they said they legalise it. And you could see the rest of the CARICOM countries move forward,” Taylor said, adding: “The previous government pussyfooted on that, even though that was a promise that they had made to the Rastafarian community. What this government is doing is far overdue, and it’s time that this Bill get passed, because the rest of the world is moving forward with marijuana, and even the legalization of marijuana for medical purposes.”

RECREATIONAL/MEDICINAL PURPOSES
Though some people may consume the substance for recreational or medicinal purposes, the Rastafarian Movement is a faith-based organisation which engages in the use of marijuana as “a sacrament” in the practise of their religion.

Secretary of the umbrella body, “The Rastafari Community”, Wozeiro Esther Gittens, also expressed the organisation’s pleasure at seeing movement on the issue.

“It’s a start, and a step in the right direction,” Gittens said, adding: “We’ve been pushing, and we will continue to push, engage, lobby, and so forth towards what we really need and expect from our government, and to be reflected in our Constitution. So it’s a step in the right direction.”

As to whether the organisation will be making its written submission to Parliament, Gittens noted that they will decide on that after they will have held a collective meeting.

“A fair amount of consultations have been done with the Rastafarian community already,” she said. “We have been in consultations with all the governments for over a decade, but we still have to have our statutory meeting. And when we meet, we will have a discussion on the subject, and decide, collectively, how we move forward.”

Parliament, in its call, is asking that “The submission should address those segments of the Bill that are of interest to you or your organization, and should consist of no more than 1000 words.”

The Bill, which introduces amendments to seven key sections of the principal Act, was read for the first time in the National Assembly in January 2021. The primary objective of the amendments is the removal of custodial sentences (time served in prison) for the possession of small quantities of marijuana, reportedly in accordance with a promise made by the People’s Progressive Party/Civic in its Manifesto ahead of the 2020 Elections.

Though the Bill 2021 was tabled in the National Assembly, there were some concerns with the quantum that is to carry a non-custodial sentence, and as a consequence, it was referred to the Parliamentary Special Select Committee.

The election, last year, of Attorney-General and Minister of Legal Affairs Anil Nandlall, S.C., as Chairman of the Parliamentary Special Select Committee had paved the way for consultations to commence on the proposed amendments set out in the Narcotic Drugs and Psychotropic Substances Control Amendment Bill 2021.

PROPOSED AMENDMENTS
The proposed amendments introduce mandatory counselling by a certified counsellor specified by the court for anyone convicted for being in possession of cannabis, which does not exceed 15 grammes. The period of counselling will be determined by the counsellor after an assessment.

For persons convicted after being in the possession of a quantity of cannabis which exceeds 15 grammes but does not exceed 30 grammes, the court shall make an order requiring that person to perform community service. Section Five of the principal Act, which pertains to the penalty for trafficking narcotics, is also slated to be amended, while Section Two shifts the burden of proof to the defendant, who, once found in possession of more than 15 grammes of cannabis, has to prove that he is in possession of the narcotic for a purpose other than that of trafficking.

The amendment will see this being changed to 30 grammes. Other sections proposed to be amended are Sections 12, 72 and 73 of the principal Act.