9.7. More recent research, now that sufficient time has passed to adequately measure and the experimental factor subsided, has found that youth marijuana use rates have remained stable in States that have legalized marijuana for adults age 21 and older.199 This compares to findings for adults. 9.8. At all consultations, the ease of accessibility was highlighted. It should be noted that young people do not need to smoke the substance, but often have access through edibles such as cookies. In this form the substance is not easily detected and can be made available without responsible persons being aware. Concerns also relate to possible accidental use by adolescents. One way to safeguard against such risks is by enacting laws on packaging, marketing, banning advertisements and the like, as the Canada government is contemplating. 9.9. As a note of caution, the view was also expressed that any change in the current legislative arrangements would essentially transmit an inaccurate message to children that marijuana is ‘OK.’ This is a concern that many policy-makers who have moved toward law reform, have had to address. The answer is to design a regulatory regime that places emphasis on de-popularising cannabis/ marijuana in order to control usage at the same time as it seeks to remove prohibition and criminality. Practical ways to achieve this include strict bans on marketing, mandatory warnings etc. as has been done successfully with tobacco. The Commission recommends this approach in any law reform that will ensue. 9.10. Of particular concern, is the impact of criminalization of young offenders in the current regime. The data suggests that most convicted and remanded persons in our jails are young persons. The destruction of future education, employment and social well-being benefits is huge and far outweigh the risks in changing the law.
Education and Children
9.11. Marijuana use by children and adolescents, is of grave concern as it has been linked to cognitive deficits, anxiety and depressive disorders, amotivational syndrome, (demotivation which contributes to decreased academic performance)200 and dropping out of school.201 Cannabis consumption may therefore adversely affect the educational outcomes of youth users as it could compromise their ability to derive maximum benefits from the education system and in so doing limit their academic and economic opportunities. 9.12. Teachers, education professionals, and some medical professionals who participated at the National Consultations addressed some of the harmful effects of marijuana on youth. These included the adverse impact on cognitive development, reasoning and critical thinking skills. Principals and Deans of discipline have been known to take varied approaches to this issue, with some opting for counselling for the students while others call in law enforcement officials. Students who face law enforcement officials may find themselves before the court and therefore at risk for the aforementioned consequences. 9.13. There was the perception of many respondents, especially in the focus groups with young people that marijuana arrests for marijuana -related offences hampered the educational and employment opportunities of offenders. Young people told us that often, cannabis/ marijuana arrests and convictions were conducted along ethnic lines and this exacerbated the discriminatory impact of the law on their education, life opportunities and well-being.
10.WHITHER AN ECONOMIC BASIS FOR LAW REFORM
10.1 Not surprisingly, the economic arguments for law reform have been foremost in the public’s views as harnessed by the Commission. There are great expectations that the removal of prohibition from the legal regime can liberate important economic potential for cannabis/ marijuana to the region, given its natural home here. The marijuana industry is considered to be a multibillion-dollar one that if legitimized, could generate huge profits from tax revenues for nations, which could fund sensitization and prevention initiatives.202 Jamaica, which liberalised cannabis in 2015, has already begun to reap economic benefits.203 Drug Policy Alliance (2018) Ferguson et. al 2003 (cited in CSAM 2009) 201 McCaffrey et al (2008) 202 Ogrodnik et al (2015); Kang et al (2016); Cattermole (2017) 199 200
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