10.18. The question of hegemony also relates to the patent issue, discussed earlier, since there are threats from the international sphere in relation to patent and other intellectual property issues, such as unique types of seeds and strains found in the region. In these respects, the continued illegal status of cannabis and its products inhibit opportunities for the region to be proactive. 10.19. It is also a conundrum that cannabis has fuelled important economic gains and livelihoods for small farmers and traders, who now fear that liberalisation and legalisation might dis-empower them. For example, the Commission heard from participants that an estimated 40% of persons in St. Vincent and the Grenadines live off of marijuana (although not verifiable). Some participants in the Consultations openly expressed their concerns that small scale marijuana farmers would suffer great losses as large pharmaceutical companies and other enterprises, often foreign, would be the primary beneficiaries of cannabis legitimisation.
Socio-economic Concerns and Equality in Land Policy Cannabis has fuelled important economic gains and livelihoods for small farmers and traders, who now fear that liberalisation and legalisation might disempower them.
10.20 One important consideration is the need for policy to consider our economic and sociological context in terms of land. This points to a collateral policy toward informed, fair land use and ownership with regard to any changes on marijuana law. The question of land use policy is relevant because, currently, cannabis/ marijuana production occurs, for the large part, on squatted, state land, often grown in the hills etc. Under a reformed regime, choices will have to be made as to land use. Even initiatives toward the compulsory acquisition of land for foreign companies, of the kind we have seen in relation to tourism and the resulting litigation and constitutional law issues are not far-fetched.
10.21. It is already apparent that economic, equality and class concerns in terms of land in CARICOM societies are not only relevant but run deep in this discussion. This is particularly the case in high-growing countries like St. Vincent and the Grenadines, Jamaica and Dominica. 10.22. Land use policy and reform must be a broad endeavour since they must encompass a regulatory framework for multinational corporations (MNCs) which are already wanting to buy up large tracts of scarce land resources in our small islands, while the local farmers struggle with having to plant on squatted land. These are more than mere nationalistic concerns and relate to historical patterns of land ownership in what were former colonies and slave societies and patterns of ‘persistent poverty.’
Certification and Licensing
10.23. Another concern relates to the fairness and accessibility of certification and licensing regimes for cannabis. The fear is that governments will take it out of the hands of the people (the little man) and big companies, including MNCs and the elite, will control the industry. This has already emerged as problematic in Jamaica. In May, the Jamaica Licensing Board was dissolved, as Jamaica attempts to iron out these teething problems. 10.24. Intriguingly, depending on which regulatory and licensing approach CARICOM takes, there is a danger that the marijuana industry may be sanitised only for large, mainly foreign companies, while felonising local growers, similar to what obtained in the extractive industries (mining) in Latin America and the Caribbean.221 There, vulnerable, indigenous peoples were displaced from their land, title and control. They were also criminalised, with the complicity of the state, when they attempted to protect their interests. There is thus a legitimate fear that liberalisation and regulation, if not managed appropriately, may emphasise inequities in terms of resources in the society, resulting in further disempowerment.
Unequal Trade Relationships and Foreign Control
10.25. If the decision is made to legalize marijuana activities in CARICOM, the region should carefully consider whether it would be in its best interest to allow (MNCs) or any foreign company for that matter, 221https://www.telesurtv.net/english/news/Regional-Indigenous-Activists-Slam-Corporate-Abuses-at-IACHR-20151021-0004.html;
Activists Slam Corporate Abuses at IACHR, Telesur News, October, 21, 2015.
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