Bill removing jail sentence for small quantity of cannabis still being reviewed – Govt MP

AFC Member of Parliament,
Michael Carrington

A motion tabled in the National Assembly by Alliance For Change (AFC) Member of Parliament (MP), Michael Carrington, which seeks to amend the Narcotics Drug and Psychotropic Substances (Control) Bill is still under review by all parties within the coalition Government.

Carrington told Guyana Times International in a recent interview that before the Bill was presented to the National Assembly seeking the necessary amendments, the Government had requested to take a closer look at it, to ensure that a sensible decision was taken with regard to the proposed amendments.

The AFC MP explained that all parties within the coalition were given the opportunity to voice their opinions and to review the proposed amendments. He said so far all parties have not completed reviewing the Bill, but it was hoped that this would be done in the near future.

While the Bill was intended to remove the sentence of three to five years in prison for possession of a joint of cannabis or a small quantity for personal use, Carrington stressed that the Government also wanted to put in place the necessary mechanisms to reduce the chances of having repeat offenders.

“The problem we have in Guyana is while the Act says certain institutions must be in place, it is not in place and the Government does not have a rehab centre, only Salvation Army…Certain things will have to be put in place to ensure that we have a good bill,” the Government MP added.

Carrington reemphasised that the Bill had nothing to do with legalising cannabis, but explained that it was a fact that hundreds of people in Guyana were sentenced to jail, for three years or more for smoking a joint or having small quantities of cannabis for personal use.

The MP said that research on the effects of cannabis on people was minimal, compared with its benefits and jailing someone for smoking cannabis, and not for drinking rum which has the same effects or worse, was absurd and not in keeping with modern and civilised societies.

The amendments to Section Four of the Narcotics Drug and Psychotropic Substances (Control) Amendment Bill 2015 – No 17 of 2015 seek to remove jail sentences for the possession of a small quantity of the narcotic, leaving the fine in place.

The amendment to Section Five is intended to increase the stipulated amount of cannabis from 15 grams to 55 grams for possession. Meanwhile, the proposed amendments to Section 12 are intended to prevent persons from being sentenced to one year for smoking or possession of a smoking utensil.

Carrington believes the amendments will help to reduce the prison population; reduce the time wasted in court; save the State G$1 million for each person sentenced for the possession of a small quantity of cannabis; prevent persons from being corrupted by others in jail; and prevent broken homes.

Minister of State, Joseph Harmon said recently that sentencing people for possessing small amounts of marijuana was a matter for the Judiciary to consider.

Meanwhile, Opposition Leader Bharrat Jagdeo has reiterated that the People’s Progressive Party/Civic (PPP/C) supported the decriminalisation of marijuana, but he noted that the Party did not have enough research on the topic to make a definitive pronouncement.

Former AFC Chairman Nigel Hughes, with the help of Attorney Mark Waldron, had compiled the draft bill, which seeks to soften the penalties for marijuana possession. The draft stipulates that persons who are found in possession of the drug for personal use would be required to pay a fine of G$10,000 or perform community service for a period of time.

While the decriminalisation/legalisation of marijuana movement is gaining much momentum worldwide, President David Granger had cautioned against buying into practices being embarked upon by developed countries that have the requisite framework in place to support such legislative reforms.

President Granger made it clear that such reforms were not a current concern of the Government; and, on a more personal note, he declared that he would not subscribe to the usage of marijuana.

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