4.24. Notwithstanding, the Commission considers that legislating for personal use should go beyond imposing small amount exceptions and consider the broader questions of the inability to enforce prohibition in households, the issue of personal use in public spaces and the right to private life/ privacy issues that arise when the state attempts to regulate personal conduct in private households. 4.25. As a first step, the Commission is unanimous in its view that any legal reform should continue to prohibit the use (especially smoking) of cannabis/ marijuana in public spaces, as is currently done for tobacco smoking. This would also preserve the rights of non-users. Possible exceptions would be a regulatory regime that permits ‘regulated spaces’, such as the ‘coffee shops’ of The Netherlands or the cooperatives of Spain. On the other hand, regulatory regimes for private households which criminalise persons for use are untenable for the reasons mentioned above. Classifying Cannabis Equally to Hard-core Narcotics Undermines Credibility of the Law 4.26. Cannabis is categorised as a narcotic or dangerous drug in exactly the same way as other substances such as cocaine, crack etc. which are known to have much more harmful, even deadly effects. This fact alone undermines the ability of law to properly enforce it, given that the law is seen as being without basis, appropriate knowledge or awareness, or just plain wrong. Indeed, many participants in the Consultations argued that while cocaine and crack are harmful and should be outlawed, cannabis is incorrectly made equivalent to such substances. The Commission heard often too, the statement that cannabis has never been known to “kill anyone.” The scientific data substantiates these comparisons. 4.27. The scientific evidence supporting the medical benefits of cannabis, detailed below, highlights the defective classification of cannabis/ marijuana as a substance without medicinal or other value. This defect strains the credibility of the law itself and law enforcement efforts and should be rectified. 4.28. Further, the incongruity of the harsh laws and inaccurate classification of cannabis/ marijuana is exacerbated by the fact that other harmful substances are not similarly treated under the law, leading to claims of inherent unfairness and injustice in the legal system. As discussed below, both alcohol and tobacco are equally, or more harmful than cannabis, but are legal.
Current Exceptions in Law Not Applied Because of Stigma
4.29. The existing Drug/ Misuse of Drugs Laws contain provisions for exceptions to legal liability where the relevant Minister is given authority to grant permission for the importation of cannabis/ marijuana, or its products for medicinal purposes. This, in itself, is an acknowledgement of the medical properties of cannabis/ marijuana and a contradiction to its classification as a dangerous drug, or narcotic with no medicinal properties. For example, pursuant to sections 4 and 57 of the Dangerous Drugs Act of Trinidad and Tobago – the Minister may make exceptions and issue a license to import marijuana for medicinal and scientific research purposes.86 In some cases the exceptions are wide and not based on such purposes. Yet, because of the stigma attached to the substance, successive Ministers have refused, or have been reluctant to do so.87 This timidity is typical in the region. The Commission heard several complaints from desperate, frustrated members of the public and stakeholders who had attempted to make use of this legislative exemption for personal medical treatment, without success. 4.30 In many instances, Ministers appear to be unaware of their authority under the relevant statute and even when made aware, were afraid to utilise it. Indeed, the work of the Commission in hosting the Consultations was a source of education on this provision in many quarters. The leeway for the sick and ailing has therefore been rendered ineffective because of the lack of information, fear, misinformation and stigma surrounding the plant, direct results of prohibition.
Ancillary Laws Supporting Illegality – The Financial Collateral Problem
4.31. The issue of law reform for cannabis/ marijuana goes beyond questions of legal liability for persons under the legislative prohibition of dangerous drugs and the regulation of marijuana for medicinal See also s.3 of the Dangerous Drugs Act 2008, chp 228 of The Bahamas. The substance is listed as Indian Hemp in this statute. See also, s. 10(3) of the Saint Lucia Act. In Guyana, under s. 23, the power granted to the Minister to make exceptions is not limited to medical purposes. 87 See also s.9 of the Misuse of Drugs Act, 1973, Antigua and Barbuda, 86
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