Removing laws that restrict marijuana use should be given public vote

May 21, 2018 News

– Attorney General

While several sections of society have been pushing Government to amend the Narcotics and Psychotropic Substances, particularly as it relates to marijuana use, Attorney General (AG) and Minister of Legal Affairs, Basil Williams is adamant that the matter warrants wider public consultation.
Speaking at a Press Conference last week, Williams noted that the proposed amendments to existing legislation should be given considerable consultations.
According to the AG, while some sections of society have been calling for the laws to be “relaxed”, the Government must take into consideration the views of all members of society.
Williams said that steps to reform the Narcotic and Psychotropic Substances Act that reduces the penalties for persons found in possession of the narcotic are a matter for referendum.
He believes that residents should to take the lead on this issue.

Attorney General, Basil Williams

The Attorney General noted that although it has been close to three years since amendments were proposed, the Government is unsure of just how many people in Guyana would like to see a relaxation of marijuana penalties and a move towards the possible legalisation of certain amounts of the psychotropic substance.
The Narcotic Drugs and Psychotropic Substances Control Act 1988 requires Magistrates to imprison anyone who pleads guilty to or has been found guilty of possession of marijuana.
Presently, the narcotic Act specifies that anyone found in possession of marijuana is liable to a fine of $10,000 or three times the monetary value of the drug.
The Act also indicates that once a person is found in excess of 15 grams of cannabis, it is mandated that he/she should be sentenced to a minimum of three years imprisonment.
The new Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill 2015, proposes lighter sentencing for possession of ganja.
The Amendments were drafted following the sentencing and imprisonment of national football coach, Vibert Butts, for possession of marijuana that same year.
Butts was sentenced to three years imprisonment for possession of 46 grams of ganja, which he claimed was for private use.
Prominent Attorney-at-law, Nigel Hughes is one of the persons responsible for drafting the amendments.
In crafting the amendment, Hughes had noted that almost daily, many persons are tried and sentenced for possession of small amounts of marijuana, most of which are first-time offenders and youths.
The proposed amendment was founded on the experiences of several citizens—primarily youths who have been incarcerated for small quantities of cannabis or cannabis resin, and who because of their incarceration have been unnecessarily economically and socially disadvantaged.
The proposed amended legislation is divided into three sections: Amendment of Section 4 of the Principal Act; the Amendment of Section 5 of the Principal Act; and the Amendment of Section 12 of the Principal Act.
Several Rastafarian organisations and social activists have stated that possession of small amounts of marijuana should not attract custodial sentences.

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