The PPP/C has not changed its position in relation to marijuana

May 20, 2017 Features / Columnists, Peeping Tom

People have to be careful about the conclusions they draw. The recent position adopted by the PPP/C as regards marijuana is not a contradiction of its earlier stance, as some are claiming.
The PPP/C is not calling for the decriminalization of small amounts of marijuana. The PPP/C has never called for this.
The Leader of the Opposition is calling for a conscience vote on whether persons caught with small amounts of marijuana should be jailed. This is not an issue of decriminalizing small amounts of marijuana. It is about whether persons caught with small amounts of marijuana should be jailed or be subject to non-custodial sentences.
The Leader of the Opposition is also not saying that the PPP/C’s position is that persons caught using trivial amounts of marijuana should not be jailed. He is leaving this decision to a conscience vote in the National Assembly.
When the time comes, the PPP/C will not vote along party lines. It will allow its members in parliament to vote as they wish. But his personal position is that persons caught with very small amounts of marijuana should not be jailed when convicted.
The most progressive position taken on the marijuana issue was taken under the Janet Jagan presidency. She was the one who took the first real brave step in reforming our marijuana laws.
She amended the law to state that while it is still illegal to be in possession of marijuana, it is no longer mandatory for the courts to impose a custodial sentence. They could opt for a non- custodial sentence. She saw the problem that was being created in our jails and she tried to relax sentencing laws without legalizing the possession of marijuana.
It was therefore the PPPC which had passed legislation to remove mandatory imprisonment for persons caught using, as opposed to trafficking, small amounts of drugs. The court has the discretion to not sentence persons convicted of having in their possession small amounts of marijuana.
The present debate is about whether the discretion should be modified to ensure that those caught using small amounts of marijuana should not have to face custodial sentences period. It is not an issue of decriminalizing the use of marijuana.
The PPPC’s position has remained constant. What has changed is that it is prepared to have this issue dealt with as a matter of conscience, that is, when it comes to voting in the National Assembly, the PPP/C is prepared to have its members vote in accordance with their conscience.
This poses a dilemma to the Alliance for Change and for the coalition government. An AFC parliamentarian was reportedly in support of passing legislation which would ensure that persons caught with small amounts of marijuana would not have to face jail time. A private member’s Bill was supposed to be tabled. If it was, it has not yet come up, no doubt because the APNU does not wish to go down this route.
The PPP/C is essentially throwing out a challenge to the AFC. It is saying to the AFC go ahead with your private members Bill, the PPP will allow a conscience vote on the issue.
The AFC has to decide whether it will push for the hearing of the Bill. The PPP/C’s position is that when it comes to voting, its members will not vote along party lines.
People should not therefore run away with the idea that the PPP/C is now advocating the decriminalizing the use of marijuana. This is not the case even though the PPP/C remains ahead of the game and is examining what is happening in other parts of the world where marijuana when used for certain purposes is being decriminalized.
The PPPC has long recognized that Guyana is not ready for decriminalizing marijuana. The Leader of the Opposition is however, concerned about the large numbers of young persons who are being locked up for possession of small amounts of that drug. Whether his other comrades feel the same way is another matter for another day.

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