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Decriminalising Marijuana by Adjusting the Limit on Amount Allowance

November 8, 2021
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The amount of cannabis, or marijuana, that one is allowed to be in possession of at any given time, has been raised from a previously suggested 10 grams to 28 grams. This was announced on October 27th, by the Minister of Social Development, the Honorable De-Ann Kentish-Rogers.
Ms. Kentish-Rogers pointed out that this measure does in no way make marijuana legal. The recommended change merely adjusts to a higher limit, the amount of the substance that may be found on a person, without it being considered illegal and resulting in a crime.
The Minister said, that the decision to adjust the allowance to a moderate 28 grams, was made based on research carried out on the maximum amounts allowed in certain regional jurisdictions, as well as the views of individuals who had found the suggested 10 grams limit to be too low.

“In relation to the elements of decriminalisation,” the Minister said, “we are discussing the threshold, or the amount that is going to be allowed. At a previous consultation meeting, we discussed the 10 grams limit, and we talked about possible sanctions. We also discussed whether it can be used in public. We were informed in that meeting by a number of stakeholders, that they found the amount of 10 grams to be substantially low, when considering the amount required by recreational users.
“We looked across the region to see the amounts regulated by other countries based on their legislation. In Bermuda, for example, the amount allowed is 7 grams. In Jamaica, it is no more than 2 ounces or 56 grams, and in Antigua, it is 15 grams.”
The issue of the number of trees that may be possessed was also considered. The Minister noted: “In Antigua, four trees are the limit; in Jamaica, it is five. In Bermuda, there is no indication of how many trees are allowed.”

The Minister continued: “The reason why we are raising the threshold from 10 to 28 grams is due to a conversation we had about the amounts that are being sold. If we allow any less than the 28 grams, what we would really be doing is still criminalising persons unintentionally, because they would automatically fall fowl. I gather that 28 grams is equivalent to just about one ounce.”

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The Minister emphasised that cannabis still remains an illegal substance, and supply to a person under the age of 18 is a criminal offence, in accordance with the Criminal Code.
In commenting on the age factor and the increased limit, Premier Ellis L. Webster, MD said: “I do not want this to sound as if we are promoting the use of marijuana, because all of us have different terms of reference. I want to go back to the age consideration, though. It is the understanding that a different amount is allowed. But I still feel like the age of eighteen, though it is the age of consent, and the minimum age to vote, there is a reason why in the United States of America, the age of 21 is considered to be the threshold for the use of alcohol…”
He spoke with reference to the minimum age for the use of marijuana, saying: “I wonder if in jurisdictions such as Antigua and Jamaica, the threshold age is 18…
“I want the public to understand that the reason why we are engaged in these discussions, is so that our young persons don’t get a criminal record that follows them for the rest of their lives, and affects their ability to become fully functional persons in our society.”
“I certainly am not one who promotes the use of marijuana,” the Premier reiterated, “but I feel it is necessary that, if it is being used, that persons are not criminalised because of it. We have to be careful to put the right parameters in place. Certainly, the allowed amount, as well as the age by which marijuana can be used, without it being a crime, is something that I am very concerned about.”

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