$500,000 fine, 12 months jail for unauthorised use of hemp

Aug 12, 2022 News

Kaieteur News – The Guyana government is pushing the use of industrial hemp for economic purposes, but is warning citizens that should they get involved with the product without the issuance of a license from the relevant authorities, they will be fined and placed before the courts, with a jail term of some 12 months. Minister of Agriculture, Zulfikar Mustapha made the announcement last week during debates for the Industrial Hemp Bill 2022 which was passed in the National Assembly.

A hemp farm

The legislation was passed in the absence of the Parliamentary opposition’s APNU+AFC members, but several government speakers were keen on highlighting the financial benefits of the commodity and its application in diversifying the agricultural sector.

Mustapha told the Assembly that a regulatory regime within the Bill caters for the creation of a licensing scheme for interested persons to apply to the authority managing the sector. He said once a person is desirous of cultivating or manufacturing hemp commercial, “all he or she has to do is to apply once they are above the age of 18, is of a sound mind and not legally bankrupt.” In the case of an individual he said that the person must be resident of Guyana, while a company must be incorporated or registered according to local laws.

Section 12 (1) of the Bill he said, states that “A person shall not cultivate of manufacturer industrial hemp and its related products or conduct research or any activity concerning or relating to hemp without a license issued by the authority under this Act.” Mustapha continued that anyone not adhering to that section of the Act commits an offence. “That is anyone caught cultivating, manufacturing, conducting research or any other activity relating to industrial hemp without a license would be liable to a fine of $500,000 and imprisonment for one year.”

The Agriculture Minister said that this new industry will require close monitoring and regulation. As such, a regulatory regime will be created through the establishment of a cooperative body; the Guyana Industrial Hemp Regulatory Authority and the Constitution of a governing board to oversee the industry’s operations. To ensure that consideration is given to public health safety, agriculture and commerce, various stakeholders will make up the board, including the Ministry of Agriculture, Health, Home Affairs, the Guyana Forensic Science Laboratory and the Private Sector Commission.

The board will be chaired by Minister of Agriculture nominee. Section 6 (1) of the Bill sets out the functions of the new authority inclusive of considering applications, issuing varying suspending and reviewing licenses, determining the number of licenses to be issued, considering any adverse impact, prescribing quotas for the cultivation of industrial hemp in collaboration with the customs and anti-narcotics unit, monitor, supervise and control industrial hemp or related products. The body will also ensure compliance with the new legislation, develop standards and codes of practice for licensees, in collaboration with the Bureau of Standards; collaborate with national, regional and international organizations on matters relating to industrial hemp, advise the minister on matters relating to industrial hemp for medical scientific research or any other purpose and establishing a hemp register.

Minister Mustapha said that training will be provided for interested persons and ensure the development of a viable hemp industry. He said that the board can enter into any agreement including cultivating manufacturing or training agreement. Mustapha charged that the popular demand for hemp both from a production and a consumption perspective is by no means insignificant. He said hemp production in Guyana is a win-win situation for all the players involved. “So while we are setting up this legation, we are encouraging persons to deviate from crime.” The main areas of the Bill define industrial hemp to categorize and distinguish it from marijuana. As such, the bill decriminalizes hemp production while creating a viable alternative for commerce, the Minister noted. He said that the new legislation will decriminalize the use of industrial hemp once the Tetrahydrocannabinol (THC) content remains less than 0.3 percent.

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