Ganja possession and penalties

Dec 05, 2021 Court Stories, News

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By Renay Sambach

Kaieteur News – The possession of Cannabis (commonly called ganja) and its trafficking are very prevalent in our society since it is widely used by both the young and the old. In this edition of ‘The Court Journal’, I will look at matters in which persons were charged for cannabis possession and/or trafficking and the penalties attached to those offences.

Recently making headlines were a barber and a miner who were intercepted by police ranks on patrol duties in Tabatinga Village, Central Lethem.
It was reported that the men were travelling in a green Premio motorcar bearing registration number PRR 4548, which was proceeding on the access road. It was around 12:30 hours on November 27, 2021, when the vehicle was intercepted by the cops. There were three occupants in the vehicle. They were the driver and two male passengers – Lester George, 29, a miner of Achawib Village, South Rupununi and Shem Winter, 21, a barber of Tabatinga, Central Rupununi.
A search was carried out on their persons and police ranks found two zip lock bags in George’s pocket, which contained a quantity of leaves, seeds and stems suspected to be cannabis sativa. The man was told of the offence and cautioned and he replied, “Yes, sir is me own.”
The police ranks then carried out a search on Winter and they unearthed a bulky transparent plastic bag in his pants crotch containing a quantity of leaves, seeds and stems suspected to be cannabis sativa. Winter was also told of the offence and cautioned and he too replied, “Yes officer, is me own.”
The police had reported that the vehicle and driver were also searched but nothing illegal was found. As such, George and Winter were arrested and taken into custody at the Lethem Police Station along with the suspected narcotic which was weighed in their presence.
The weighing of the suspected narcotics revealed that George had 5 grams of narcotics in his possession and Winter had 16 grams of narcotics in his possession.
Two days after they were arrested, the duo appeared in the Lethem Magistrate’s Court before Magistrate Allan Wilson.
Winter was charged for possession of narcotics for the purpose of trafficking, Contrary to Section 5 (1) (a) (i) of the Narcotic Drug and Psychotropic Substance Control Act, Chapter 10:10.
He pleaded guilty to the charge that was read to him and he was sentenced to 3 years imprisonment and ordered to pay a $10,000 fine.
Meanwhile, George was charged for possession of narcotics contrary to Section 4(1) (a) (i) of the Narcotic Drug and Psychotropic Substance Control Act 10:10.
The charge was read to him and he also pleaded guilty but he was fined $5,000 along with three months of community service.
PENALTIES
Penalty for possession of narcotics
According to Section 4 of the Narcotic Drug and Psychotropic Substance Control Act, “Any person who has in his possession any narcotic, or any substance represented or held out by him to be a narcotic, shall be liable – on summary conviction, to fine of not less than thirty thousand dollars, together with imprisonment for not less than three years nor more than five years.

 

Or on conviction on indictment, to a fine of not less than thirty thousand dollars or three times the market value of the narcotic, whichever is greater, then together with imprisonment for not less than five years nor more than ten years.
Penalty for trafficking in narcotics
According to Section 4 of the Narcotic Drug and Psychotropic Substance Control Act, “Any person who traffics in any narcotics, any substance represented or held out by him to be a narcotic, or who has in his possession any narcotic, or any substance represented or held out by him to be a narcotic, for the purpose of trafficking, shall be liable.
In respect to any narcotic on summary conviction, to a fine of not less than thirty thousand dollars or three times the market value narcotic, whichever is the greater, together with imprisonment for not less than three years nor more than five years.
Or on conviction or indictment, to a fine of not less than seventy-five thousand dollars or three times the market value of the narcotic, whichever is the greater, together with imprisonment for life.”
MARIJUANA BILL
Earlier this year, a majority vote by the People’s Progressive Party/Civic (PPP/C) government resulted in an Amendment Bill proposed by Opposition Member, Sherod Duncan, being thrown out of the National Assembly.
In the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill, the Opposition had anticipations of decriminalisng 15 grams of marijuana to a significant 500 grams, and had also called for the release of those persons currently in prison behind bars for possession of under that “proposed legal amount.”
However, it was stated that due to several errors in the Bill, which were also in conflict with the current law, the PPP/C government questioned the proposal, and eventually, voted against it. The government did, however, give support towards its own Bill, titled the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill 2020.
During his presentation in the National Assembly, Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, SC, pointed out that the opposition-proposed Bill failed to amend or indicate how it would allow for the usage to be legal. To this, the AG said, “So, you can have it, but you can’t smoke it or inhale it or vape it.”

 

 

 

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