altogether within the well-regulated environment that it requires. While the removal of prohibition in its entirety might be the desired end-option, a hybrid option provides for an incremental approach to this objective.
CONCLUSIONS AND RECOMMENDATIONS 12.22. After carefully evaluating the evidence, including the most up-to-date body of medical and scientific research on the multi-faceted and complex subject of cannabis/ marijuana, the Commission makes the following findings and conclusions: 12.23. Marijuana is a plant substance with historical, cultural and religious significance to the Commonwealth Caribbean, which existed benignly as a beneficial plant without condemnation or legal intervention for centuries. Legislative history illustrates that cannabis/ marijuana acquired an illegal status and classification as a “dangerous drug” with “no value,” without scientific or moral rationales to support the radical change in the law, both internationally and domestically. Further, there is considerable evidence to suggest that this transformation was due to cynical motives to quash competition with the merging alcohol industry, itself emerging from prohibition and even racial policy. This resulted in the draconian legal regime existing today for cannabis/ marijuana which by virtue of its now illegal classification, acquired a demonised social status. 12.24. The Commission acknowledges that there are documented health risks associated with cannabis/ marijuana. However, modern scientific data demonstrates that there is conclusive evidence that cannabis/ marijuana has considerable value as a medicinal substance and as liberalisation in the law occurs, scientific studies are proving more medicinal uses for the plant. At the same time, medical science has disproved some of the most important myths or propaganda about the supposed negative physiological impact of cannabis/ marijuana, including a causative link to psychosis and its status as a gateway drug. It has also proved that cannabis/ marijuana is no more harmful than alcohol and other substances that are no longer prohibited and in many respects, less so. 12.25. Science has also proven some important adverse impacts of cannabis/ marijuana. These relate mainly to specific, high risk groups, among the most important being the young (adolescents) and its negative impact on psychomotor functions. 12.26. The argument for law reform is premised on the finding that the identified risks are more effectively managed and minimised within a responsibly regulated public health/ rights framework and market, than a punitive criminal justice led response and unregulated criminal market. 12.27. The now incontrovertible proof of the medical benefits and the value of cannabis/ marijuana as a medicinal substance challenges its classification as a “dangerous drug” without value (both domestically and internationally). This fact alone is sufficient to dismantle its currently legal classification. Accordingly, such inaccurate classification is now obsolete, can no longer be supported as a justification for lawmaking and should be rejected, as it undermines the legitimacy of the law itself. 12.28. Caribbean peoples have been eager to emphasise their views on potential legal reform. There is much concern about perceived injustices. There is also some misinformation and fear. However, there is now a clear majority and an increasing groundswell of Caribbean peoples in favour of law reform, largely because of social justice imperatives and enthusiasm toward Medical Marijuana. Calls for law reform, in particular, the removal of criminalisation from cannabis/ marijuana regulation have come, not just from the public at large (first hand or via polls), but from the Churches, law enforcement, judges, magistrates, the Bar and attorneys, the medical fraternity, informed NGO groups, National Commissions on cannabis/ marijuana and other professionals and organisations. Many believe that prohibition should be removed altogether, within a controlled regulatory environment, as was done with alcohol decades ago. 12.29. A core objective of any regulatory regime for cannabis/ marijuana would be to discourage the promotion of cannabis use for recreational purposes on a voluntary basis. This would involve adequate education and marketing strategies as currently obtains for tobacco. The World Health Organization 64