‘Some respite for ganja users’

Nov 10, 2022 News

…persons found with up to 30 grams of marijuana will no longer face jail time

Kaieteur News – Persons found with up to 30 grams of marijuana will no longer face jail time but will be required to undergo counselling or engage in community service due to the passage of government’s Narcotic Drugs and Psychotropic Substances (Amendment) Bill.

Attorney General and Minister of Legal Affairs Anil Nandlall, SC

The Bill which paves the way for the removal of custodial sentences for the offence of possession of small amounts of marijuana was passed in the National Assembly Monday night. According to the explanatory note attached to the Bill, persons nabbed with less than 15 grams of marijuana but no more than 30 grams of the drug will be required to provide community service.

Possession of just one gram of marijuana, remains a criminal offence. Attorney General and Minister of Legal Affairs Anil Nandlall, SC, who piloted the Bill, explained that the government was forced to balance competing interests and rights when crafting the amendments to the existing narcotics law.

“A responsible government has to skillfully navigate these competing interests in an effort to find that delicate, acceptable equilibrium in order to satisfy, placate or pacify, while at the same time accommodating these viciously competing interests,” he said.

The removal of custodial sentences for the possession of marijuana and further the decriminalisation of marijuana has long been a contentious matter in Guyana and the Caribbean region.

This Bill was read for the first time in January 2021 before it was referred to a Special Select Committee for further consultation. Deputy Speaker and leader of the Liberty and Justice Party Lenox Shuman, the only opposition lawmaker who participated in the debate on the Bill, on Monday opined that the government’s amendments “balances” societal needs.

Minister of Home Affairs Robeson Benn appeared to have a more rigid stance on marijuana possession, detailing numerous instances in which the farming of marijuana in Guyana impacted the lives of young people. He also said that the increasing use of this drug among young people is proving harmful. Currently, possession of 15 grams or less could attract a trafficking charge with a prison sentence between three to five years, and a fine of no less than $30,000. The bill makes having up to 15 grams of cannabis an offence of simple possession.

However, while the clause removes the fine and jail time for smoking cannabis in places where cigarette smoking is also banned, it imposes a $10,000 fine for a first offence and a $20,000 penalty for a second and subsequent offences. The bill also caters for those instances where an offender may refuse to consent or breach an order of mandatory counselling or community service. The amended Act would grant the court the discretion to order the offender to pay a fine of $250,000 where it sees fit. The amendments are meant to reduce the burden on the justice system and also cover issues like recidivism and prison overcrowding. This would not only save the State money, but would also help to keep families together and rebuild communities affected and disadvantaged by the incarceration of persons, especially youth.

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