Decriminalizing Marijuana: The Trinidad and Tobago Perspective

Worldwide, the law concerning the criminalization of the possession of marijuana is on the move. Governments of many countries have opted to either decriminalize marijuana usage or to legalize it. Both decriminalization and legalization must be distinguished from each other in order to avoid confusion. The Economist magazine, in an article entitled “The Difference between decriminalization and legalization” stated that “Decriminalization does not mean that people can use drugs with impunity. Instead it means that possessing small amounts no longer lands the perpetrator with a criminal record or a jail sentence”. The article goes on to state that legalization occurs where marijuana users face no penalty at all and “more importantly, it means that the supply side of the business — cultivation, transportation and retailing — is also legal”.

International trends

Canada legalized both medicinal and recreational usage of marijuana in 2018. Whilst in the United States of America, Illinois recently became the 11th state to legalize recreational use of marijuana. Whil

Also, thirty-three U.S. States together with Washington, D.C. have legalized marijuana for medical purposes. In the Latin American and Caribbean region, Uruguay is the only country that has fully legalized marijuana usage. In fact, in that country, the only restrictions on marijuana usage is that the individual must be over the age of 18 and there is a ban on smoking in public places.

History of Marijuana Prohibition in Trinidad and Tobago

As a former British territory, by means of the Dangerous Drugs Ordinance 1937(U.K.) marijuana was classified as a dangerous drug in Trinidad and Tobago and its possession was proscribed. After Independence, Parliament eventually enacted the Dangerous Drugs Act Chap 11:25 which would eventually be amended several times. However, with one key exception, marijuana possession remained a crime. The Minister of Health was permitted to issue a license to permit the importation of a small quantity of marijuana for medical purposes. However, as a result of the stigma associated with marijuana usage, this power was never exercised.

This was in spite of the fact that in the Caribbean region, marijuana has been used by our people since time immemorial for both recreational and medicinal purposes. It is also a religious sacrament for our Rastafarian brothers and sisters. For the ensuing years following the prohibition on use of the “herb”, there was large black market for the drug, which resulted in the ubiquitous drug blocks and resulting turf wars. There were also enforcement issues since persons who resided in underprivileged neighbourhoods were often brought before the courts in disproportionate numbers to those residing in more affluent communities.

Seeds of Change

The CARICOM Conference of Heads of Government at its Twenty-Fifth Inter-Sessional Meeting convened in St. Vincent and the Grenadines, 10 -11 March 2014, appointed a CARICOM Marijuana Commission chaired by distinguished Professor and Dean of the Faculty of Law, The University of the West Indies, St. Augustine Campus, Prof. Rose-Marie Belle Antoine. This Commission was tasked with formulating an appropriate legal policy for CARICOM states in dealing with marijuana usage. The Commission in its voluminous report entitled “ Waiting to Exhale-Safeguarding our Future through Responsible Socio-legal policy on Marijuana” published on 3rd August 2018, recommended the legalization of marijuana with appropriate legislative safeguards to regulate its usage just as is done with alcohol and tobacco.

Decriminalization of Marijuana in neighbouring CARICOM countries

So far, none of the governments in the English speaking Caribbean having gone the full distance by “legalizing it”. However, several CARICOM states have undertaken legislative reforms in order to decriminalize the possession of marijuana in small quantities with certain restrictions such as non-usage in public places and by minors. The first CARICOM state to decriminalize marijuana was Jamaica in 2015. Belize did so in 2017 followed by both Antigua and Barbuda and St. Vincent and the Grenadines which decriminalized marijuana for medical purposes in 2018. The stated aim of decriminalization of marijuana in St. Vincent and the Grenadines is to stimulate the development of a local medical marijuana industry.

Decriminalization of Marijuana in Trinidad and Tobago

The legal status quo in Trinidad and Tobago changed on December 23, 2019 when Her Excellency Paula-Mae Weekes, President of the Republic of Trinidad and Tobago proclaimed the Dangerous Drugs Amendment Act 2019. This Act brought about sweeping changes to law concerning the possession of marijuana in Trinidad and Tobago.

Key Points to Note

The Amended Act distinguishes between cannabis and cannabis resin and possession of different amounts of each are now permitted by law. The possession of 30 grammes or less of cannabis is now permitted whilst the possession of 5 grammes or less of cannabis resin is now permitted.

The statute as amended imposes a severe penalty ($50,000 on summary conviction) upon those found to be in possession of more than the decriminalized amount. However, the courts now have the additional option of imposing a sentence of community service upon offenders who may be unable to pay the hefty fine.

Another point to note, is that it is still illegal to consume marijuana in a public place. The amended Act defines “public place” as “an indoor or outdoor area, whether privately or publicly owned, to which the public has access by right or by invitation, expressed or implied, whether by payment of money or not. Persons who contravene this section would be liable on summary conviction to a fine of two hundred and fifty thousand dollars ($250,000) and to imprisonment for five years.

Persons are also now legally permitted to grow four cannabis plants. Additionally, it is an offence to possess cannabis or cannabis resin near any educational institution, to do anything that would be considered professional negligence and to drive or operate machinery whilst under the influence of marijuana.

Future Developments

The Government has also laid before the Parliament, the Cannabis Control Bill which seeks to establish a Trinidad and Tobago Cannabis Authority to regulate the use of marijuana for medical,recreational and religious purposes. When this legislation comes into effect, it is proposed that, members of the public would be able to apply for a license from this Authority in order to enable them to cultivate marijuana for stipulated purposes.

If you enjoyed this article, be sure to share it with someone who you think would get something out of it.

Follow me on Medium Colin Denoon and on Twitter @ColinDenoon.Send questions, suggestions and comments to colin.denoon@gmail.com