researchers the opportunity to be part of what is a revolutionary change in attitudes toward cannabis the world over. Even if this model is not aimed only at products and the natural substance can be used, how would law enforcement differentiate between medicinal and other uses if persons are found in possession of cannabis/ marijuana? Would citizens require a permit? These and similar questions would make such a law just as inefficient and difficult to enforce as the current regime. 12.6. Moreover, as discussed earlier, current laws in the region already make provision for the import and usage of Medical Marijuana, but they have not been utilised. What is needed is the removal of stigmatisation and criminality from the image of the plant in order to make such authority operational. This requires additional law reform.
(b) De-Criminalisation of Small Amounts for Any Personal Purpose
12.7. Decriminalising cannabis for using small amounts for personal use, while it meets some of the justice imperatives, does not address several important questions surrounding the use and control of the substance. Cannabis/ marijuana remains inherently unlawful with all of the negative implications as have been discussed in this Report. This model is perhaps best exemplified by the law reform that took place in Belize, which did not go as far as regulating or de facto legalising for elements of production and supply as was done in Jamaica. 12.8. Since under decriminalisation, possession, growing and usage remain unlawful, this does little to discourage the current black market, which encourages criminality. Decriminalisation can, however, permit the state to introduce compulsory rehabilitation programs for users if it believes it appropriate to do so. Further, decriminalisation for small amounts re-introduces issues of the difficulty in enforcing the law, making the law irrelevant and inequitable. 12.9. More importantly, decriminalisation, without more, does not permit the state to introduce an efficient regulatory system, including licensing arrangements, to have effective control of the substance. This also means the lack of revenue for the state. Cannabis use remains unregulated, so that users do not have the opportunity to have accurate information about quality, potency or adverse effects. 12.10. Decriminalisation, which is supported by fines, instead of imprisonment, does little to address the social inequities in the system. In particular, persons with low incomes or indigents, often those targeted for cannabis/ marijuana use, cannot pay high fines and still end up in conflict with the law, criminalised and imprisoned. This has been the pattern in states in the US where simple vehicle offences have been used to criminalise blacks, who sometimes ended up dead.226 12.11. Decriminalisation targeting only small amounts for personal use also does little or nothing to stimulate a home-grown industry in the region, or medical research, which many see as viable routes to economic development. The many small farmers, entrepreneurs and indigenous scientists and medical researchers are denied the opportunity to be part of what has been termed the “marijuana revolution” and the “fastest growing industry.” 12.12. Decriminalisation is a useful method, but it is limited, a half-measure and can considerably shortchange the long term objectives of Caribbean development.
(c) Liberal Legalisation Model
12.13. A liberal legalisation model would see prohibition being removed entirely from the law, allowing a free market and liberalised use of the substance with little or no controls. Given the evidence on the harm to children and high risk groups, the Commission does not recommend this model. Further, the Commission encountered very few persons in the Consultations who advocated such a liberal approach.
(d) Legalisation Model with Strict Regulatory Controls
http://www.miamiherald.com/news/local/community/miami-dade/article36062421.html, DAVID SMILEY,’OAS human rights delegation hears South Florida police complaints’, Miami Herald, September 21, 2015. 226
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