regime was both unjust and unproductive. One pastor in Antigua and Barbuda asked: “If we leave it on the books, will it help? If we take it off, will it not help?” 3.18. However, there were also voices that reiterated that its illegal status meant that citizens should respect the law and abide by the national laws. In Belize, the picture was mixed. A total of 225 pastors and other evangelical church leaders produced a paper which was not supportive of change in the existing policy, on the basis of concerns One of the difficulties with the relevant to youth and other at risk populations. However, religious marijuana debate is that the raison representatives at the focus groups, who represented over 200 religious d’étre for the law is not easily organisations (Alliance of Ministries) spoke in favour of decriminalisation discernible, especially considering on grounds of social justice: 3.19. It is worth noting that many churches condemn, not just cannabis/ marijuana, but alcohol and the like, so that the contributions were often framed in the context of the institutional ability of states to curtail all forms of substance abuse from a public health perspective. A church statement from St. Vincent, for example, mindful that the country was not managing alcohol, wondered how they could “manage possible increased access to marijuana.”
the scientific evidence, the long history of marijuana use undisturbed by legal regulation, the lack of proportionality and respect for human rights and the empathetic social and cultural mores surrounding it.
4. LEGAL ENVIRONMENT OF CANNABIS IN THE CARIBBEAN Clear Rationales Needed for Law-making and Criminal Penalties –Legitimacy of the Law
4.1. Law and legal policy, especially when involving criminal penalties, must be informed by clear policy rationales. The law seeks to consider what is termed the “mischief” or “harm” that must be cured and creates solutions to address the specific problem. That ‘harm’ is usually harm done to others, or in some cases, to oneself. Another sound, although more controversial basis for law-making, is morality. Yet, none of these rationales was demonstrably present when the status of the plant cannabis was changed to one of a narcotic or dangerous drug in the early 20th century, in Jamaica, in 1913 and in other countries 1930s and beyond, with the result that criminal penalties were imposed and mandated. Consequently, one of the difficulties with the marijuana debate is that the raison d’étre for the law is not easily discernible, especially considering the scientific evidence, the long history of marijuana usage undisturbed by legal regulation, the lack of proportionality and respect for human rights and the empathetic social and cultural mores surrounding it. 4.2. This lacuna in legal policy has contributed to the lack of legitimacy that seems to surround cannabis laws and accounts for the several years of challenge to these laws, including before the courts. Many Caribbean peoples do not believe that there is a solid basis for making cannabis/ marijuana, not only illegal, but criminal: “A plant is not a criminal”, one participant asserted63 and criminalisation was often referred to as a “crime against humanity.” Users, especially Rastafarians, saw themselves as “healers” and not “drug men.” The Commission heard often statements about what was suspected was the true reason for the change to the legal status for cannabis. Such claims are also found in the literature. “Contributing in no mean way to the scepticism is the factual consideration that the original proscription against ganja was never based on medical evidence, but now medical evidence is being sought to justify its continued ban.’’ 64 4.3. Claims are made that it was the tobacco and alcohol industries, the latter, just coming out of prohibition itself and wanting to stifle competition, that lobbied to declare marijuana an illegal and Consultations in Antigua & Barbuda, May 22, 2017. Report of the National Commission on Ganja to Rt. Hon. P.J. Patterson, Q.C., M.P. Prime Minister of Jamaica’ (Chaired by Prof Barry Chevannes) (7 August 2001) accessed at https://www.cannabis-med.org/science/Jamaica.htm. 63 64
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