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Jamaica: Setting the record straight on the ganja law

Anthony Hylton

Jamaica Observer

Sunday 24 Apr 2016

The Sunday Observer article of 10th April, titled ‘On the edge of ganja’s millions’ contained several serious inaccuracies. It compels me to set the record straight on a matter of great importance to this country.

A balancing act The Amendments to the Dangerous Drugs Act did not “legalise” the use of cannabis/ganja, but created the framework for the decriminalisation of offences under the Act; making it a ticketable offence to possess less than two ounces of ganja. This reduced it to a minor offence, which was more appropriate, and also helped to reduce the burden on our overloaded courts and penitentiaries. The same Amendments also created the framework for the development of legal medical marijuana, hemp and nutraceutical industries.

There were those who were disappointed that ganja was not fully legalised, but that was never the intention of the Cabinet, because Jamaica’s obligations under international law do not currently allow for the full legalisation, trade and export of cannabis. The Amendments, therefore, resulted in a reasonable and legally defensible compromise between the complete legalisation of ganja and those who wanted to exploit the legitimate opportunities recognised under existing domestic and international law to create a sustainable legal medical and therapeutic cannabis industry.

The Amendments were everywhere lauded for the creativity and deftness with which they achieved a balance between observing Jamaica’s international obligations to control the use of narcotics, while creating sufficient space within the existing domestic legal regime to allow the emergence of a legal medical and therapeutic industry. The same legislative Amendments recognised the need for clear, evidence-based regulations as a basis for the development of a legal industry, and therefore mandated the establishment of the Cannabis Licensing Authority (CLA). The legislation stipulated the composition of the CLA board, and set out the mix of government and non-government bodies to be represented thereon. Representatives from the Rastafarian community and ganja growers’ association were included on the board in order to ensure that it was truly representative of the main bodies of opinion and interests.

http://www.jamaicaobserver.com/columns/Setting-the-record-straight-on-the-ganja-law_58632

 

 

 

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