crime, than a person convicted of wounding another with intent (even where death occurs) and similar serious crimes. Indeed, the latter person may even receive a non-custodial sentence if mitigating circumstances are found, an option not available to the marijuana user. The injustice of such sentences seems more acute when compared to sentences for non-drug criminal offences which have affected victims seriously. 4.18. In the Consultations, the Commission heard repeatedly, first-hand accounts of the personal hardship and suffering that such sentencing and prohibitionist policies have caused to Caribbean citizens, even though their offences were victimless.
Low Thresholds for Presumption of Trafficking
4.19. While a distinction is made between mere usage and supplying, or trafficking, the latter conceptualised as the more serious offence, drug legislation also typically provides for low thresholds for defining trafficking. For example, in St. Kitts and Nevis, possession of a mere 15 grams of cannabis triggers the trafficking charge and the possession is deemed to be trafficking or supplying.82 A similar provision is found in Saint Lucia.83 4.20. The low thresholds established for trafficking and supply offences mean that effectively, persons with possession of very small amounts of cannabis/ marijuana can be tied to these much more serious offences and penalties. This is problematic given that typically, it leads to long terms of imprisonment, especially of young persons, who are in fact, just users. The Commission received recommendations for either removing such assumptions altogether, or specifying a much higher amount in the legislation, such as 500 grams, before trafficking or supply could be assumed. The Commission prefers the latter option. School Premises 4.21. Notably, legislation in some jurisdictions provide for special charges to be laid for trafficking if an individual is found on a school compound or within a specified distance of one hundred yards from a school, with an illegal substance.84 The intent of the framers of the legislation in Trinidad and Tobago was to keep persons who would encourage young people to use substances from selling to them at school. While the hope is that such provisions would have a deterrent effect on would be traffickers, due to the prevalence among students they have been ineffective. Students continue to be found with the substance on school compounds. Further, an unintended consequence is that small users receive harsher penalties if per chance they are arrested near schools, even if by accident, or they live near the school. Remand 4.22. While these issues are not unique to marijuana arrests, the problems of delayed justice and remand are notable. Trials are plagued by case-overload and unavailability of court rooms and, or magistrates or judges to deal with these matters expeditiously. Consequently, matters take a long time to be called and stay in the court for long periods of time before trial, leading to further injustices.85
Appropriate Personal Amounts in Law Reform
4.23. The Commission received submissions as to the appropriate amount that should be permitted without restriction in terms of possession. For example, the Saint Lucia Commission on Marijuana recommended that 30 grams or less of cannabis should not be an offense, noting that this would “allow for personal use and remove what has become a nuisance for enforcement.” This is higher than the current amount in Antigua and Barbuda, but lower than the 56 grams now allowed in Jamaica. As seen above, the new laws in Jamaica continue to meet with public approval.
See the Drugs (Prevention and Abatement of the Misuse and Abuse of Drugs) Act 1986, chp. 9.08, under s. 6(4) (e)/ Cannabis is listed as a Class A drug in the Second Schedule. 83 See s.8 (4) of the Saint Lucia Act. See also s.22 (3) of the Guyana Act, where possession of two or more “packets” of the substance, or “excess” raises the presumption of intent to supply. See also Barbados, the Drug Abuse (Prevention and Control) Act 1990. 84 See, e.g. s.21 of the Grenada Act; s. 12 of the Saint Lucia Act. 85 Trinidad and Tobago and The Bahamas have some of the highest remand rates. 34% and 42% respectively. Penal Reform in the Caribbean, Presentation, Barbados, 2000. 82
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