12.14. Because of the acknowledged limitations of decriminalisation, several countries, including Canada,227 are moving toward the full legalisation of cannabis/ marijuana and the removal of prohibition, i.e. a legal regulation model. Such a model, however, is not a laissez-faire one, but operates within a tightly regulatory regime, aimed at the highest risks presented. Legalisation is not envisaged as sufficient in of itself for law reform. Unregulated legalisation is not the target and is viewed as harmful as prohibition. 12.15. It has been noted that while the legal regulation model “may appear radical . . . the legal and historical evidence demonstrates that, in fact, it is prohibition that is the radical policy. The legal regulation of. . . production, supply and use [of cannabis] is far more in line with currently accepted ways of managing health and social risks in almost all other spheres of life.”228 Indeed, this is the way that more harmful substances like tobacco and alcohol are managed. 12.16. The model also has a strong prevention focus and includes strong messaging about the potential adverse consequences of cannabis, since it is based on a public health, citizen security approach. Responsible marketing and public education programs are emphasised, as with tobacco, to de-incentivise use. 12.17. Within this model, there are also variants. One approach, as in Canada, is for a tightly controlled regulatory regime, which places total control, both production and supply, in the hands of the state. In the other variant, the law informs the identified risks and the state retains some control over supply and demand, either by licensing suppliers and growers, or controlling where use can occur etc. as occurs in Portugal, Spain and The Netherlands, but there is more flexibility in the market arrangements. For example, there are special ‘coffee houses’ in The Netherlands and cooperatives in Spain which distribute cannabis/ marijuana. This model has been identified in the Economics Study as having the greatest potential economic benefit for CARICOM countries. 12.18. The strict state controlled model like Canada’s has the potential to displace many small growers and business people in a potential cannabis market. This introduces its own problems of inequality and injustice, particularly in high-growing countries. It also requires a significant amount of state regulation and resources. For these reasons it may appear to some to be ill-fitted for Caribbean purposes. (e) A Hybrid Model with Strict Regulatory Controls- An Incremental Approach 12.19. A hybrid legal regulation model for regulating cannabis/ marijuana presents the opportunity to draw upon the best possibilities of decriminalisation and legalisation objectives, while still emphasising public health, citizen security, justice and rights objectives and maximising economic potential. Certain activities can continue to be prohibited, where there is high risk. For example, certain high potency and high risk cannabis products could be banned, especially since the region may not have the capacity to regulate them and usage by youth totally prohibited. Cannabis/ marijuana for personal use in private homes will be permitted, thus emphasising rights to privacy and health as identified in recent judicial precedents and acknowledging the inefficacy of policing private households. However, cannabis/ marijuana will be banned in public spaces. A highly regulated commercial sector will be incorporated, particularly where medical products are envisaged. 12.20. Making some aspects of production, supply and trade lawful, through a regulatory regime such as licensing, would address problems caused by proceeds of crime legislation, which would deem such profits illegal under the current regime. A controlled public/ private partnership arrangement with selected few points of distribution may prevent feasible possibilities for CARICOM. The Commission is mindful that if distribution is too restrictive, the black market will continue to thrive. The regime would be accompanied by public health objectives as with a legalised model, regulating marketing, labelling and other factors that could encourage irresponsible use. 12.21. Keeping some aspects of cannabis/ marijuana prohibited will respond to those countries which believe that they do not as yet have the institutional capacity to engage in the removal of prohibition Should Canada’s wanting to also legalised be mentioned? Ref: https://www.theguardian.com/world/2018/jun/08/canada-closer-to-legalising-marijuanaafter-senate-vote-in-favour. 228 How to Regulate Cannabis, a Practical Guide, Transform Drug Policy Foundation, UK, 2013, p 22. 227
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