All around the world, and right here in Anguilla, the debate continues with regard to the legalisation of cannabis. Commonly called marijuana, ganja or weed, cannabis sativa has for many years been listed as a controlled drug – the mere possession of which can result in persons being hauled before the court. Yet, for time immemorial, the use of marijuana has been an aspect of Caribbean culture particularly among persons in the Rastafarian community – as part of their religious and recreational practices. It is perhaps for this reason that, in time past, Rastafarianism was frowned upon and Rastafarians or Rastas, as we call them, were often stigmatized as criminals. Thankfully, as society evolved the stigma in relation to Rastafarianism has largely been eliminated.
However, the issue of marijuana use in the Caribbean is much larger than the Rastafarian community. Many persons use the leaves of the marijuana plant to make pastes, brew teas etc. in an effort to cure various ailments naturally. Persons in whispered tones recommend the use of marijuana, in some form, to address medical conditions when there is no relief after visiting the doctor. While the use of marijuana for religious and traditional medicinal purposes is widely known, and secretly accepted in the Caribbean, it is the recreational use of marijuana –especially among young persons – that has caused the greatest concern.
Over the years, the legal system has cracked down on marijuana possession, cultivation and sale with significant penalties imposed as a deterrent. Many Caribbean nationals, particularly the youth, have ended up in conflict with the law for this reason. In times past, the penalties for cultivation were severe, particularly in those countries where marijuana was cultivated on farms comprising several acres. While, culturally, Caribbean people used marijuana for various purposes, the legal system discouraged and criminalized its use.
Interestingly, the rest of the world is now recognizing the medical benefits of marijuana. In some states in the United States, for example, doctors can prescribe the use of various strains of marijuana to address medical conditions. Patients have been known to relocate to other states so that they can legally access medical marijuana to get relief from their illnesses. The industry in the United States is booming. The production of various strains, with different quantities of particular chemical substances to treat different diseases, means that the industry relies on the expertise of both farmers and scientists. As a result of this movement many groups, including medical professionals, in the United States, have been lobbying for the legalisation of marijuana across the country.
Many would say that the Caribbean has been duped. In other words, given our historical and cultural context, we should have been reaping the benefits of a medical marijuana industry. Instead, some would argue that we allowed a legal system developed on the tenets of colonialism, and without regard for cultural context, to criminalise a plant that we always knew had many benefits. Now the colonisers are moving towards decriminalisation and benefitting from an industry in which we could have been the forerunners.
But the debate on the legalisation of marijuana in the Caribbean in general, and Anguilla in particular, cannot only focus on the economic benefits – or the fact that the court system and law enforcement will be relieved from policing and adjudicating these matters. It is imperative that we acknowledge the drawbacks. The first being that marijuana is a drug and when abused can lead to addiction. The same may be said of alcohol – and the possession of alcohol is not a criminal offence. It can be argued that this is a matter of personal choice and the issue of addiction is a social one that should be addressed by having social support in place to assist persons in need. The obvious question this raises is: what social supports do we currently have in place in Anguilla to deal with addiction?
The second concern is that while we are aware that some young persons use marijuana, legalisation has the potential to make marijuana more easily accessible to those under the age of 18 years. Few will argue with the well documented research which shows that the impact of marijuana use on the brains of teenagers is far more detrimental than when used by adults. It affects brain function, cognitive ability, discernment, attention and the list goes on. The spinoff effect on their educational advancement, social adjustment etc. is well known. The question therefore is: what mechanisms do we have in place, or will we put in place, to prevent even more teenagers from accessing marijuana?
The third concern relates to the lack of clarity on what exactly persons are proposing to legalise? Is it possession of marijuana of any quantity? Does the purpose for which the person has the marijuana matter? Is it the sale of marijuana? If yes, to the latter, is it sale to minors or generally? Is it the cultivation of marijuana? If yes, does it matter for what purpose it is being cultivated? Is it the production of marijuana-based products? If so, what types of products – medicine, drinks, food and confectionery?
I raise these questions to demonstrate the need for us to think carefully about what we mean when we say legalise marijuana, and about our readiness for legalisation. Despite our views on what we see happening in the UK, the US and in a few countries in our region, what we need to focus on is: what is our capacity to deal with the drawbacks that will present themselves – before we are able to realise any potential economic or other lasting benefit from legalisation.
