Home News Possession of small quantities of ganja: Stakeholders to be invited to make...
Nearly one year after the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill was tabled in the National Assembly, the Parliamentary Special Select Committee has finally commenced work to review the proposals which include the removal of custodial sentences for persons found in possession of 30 grams and below of cannabis.
Attorney General and Legal Affairs Minister, Anil Nandlall is the Chairman of the Committee. During this week’s edition of his weekly programme – Issues In The News – Nandlall disclosed that the Committee met on Tuesday to roll out its work programme for this year.
As a result, a decision was taken to invite stakeholders to make submissions on the proposed amendments to the Narcotic Drugs and Psychotropic Substances (Control) Act.
“We decided that we will invite by public advertisements or by public notices, members of public to make their submissions in writing to Committee and timeframes will be set out in those public notices. And at the next meeting, providing that we receive the requested submissions, those submissions would be reviewed and then the committee would determine whether we would like to hear oral presentations from any of those who chose to submit in writing,” he explained.
According to Nandlall, they will also look at whether any important stakeholders failed to make submissions and reach out to them. This, he noted, is to ensure that everyone has an input on the proposed amendments.
“So, work has begun in that committee… and hopefully we will accelerate the works…,” the Minister asserted.
Last January, the People’s Progressive Party/Civic (PPP/C) Government tabled the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill with proposals to remove custodial sentences for small amounts of cannabis.
The Bill has since been with the Special Select Committee, where it was sent for further consultations.
According to Nandlall, Tuesday’s meeting was the second one the Committee has held.
Nevertheless, with the work now starting, Nandlall pointed out that this is yet another one of the manifesto promises that the PPP/C Government is fulfilling.
“We are delivering on our promise. The APNU/AFC (A Partnership for National Unity/Alliance For Change) made a similar promise. They even brought a Bill to the National Assembly which they killed themselves; they never brought it forward… I just want to pause there to show the difference between the two political parties. We are delivering on our promise,” the Attorney General posited.
The Amendment Bill proposes for persons who are found in possession of 15 grams and below of cannabis to be sentenced to counselling; and for those who are in possession of over 15 grams up to 30 grams to be sentenced to community work. This includes employment in public work under the Extra-Mural Work Act for a maximum of six months.
Under the current law, possession of 15 grams or more could attract a trafficking charge with a prison sentence of three to five years, and a fine of no less than $30,000 or three times the market value of the drug.
Consequently, Government’s Bill proposes to increase the quantity of cannabis that would automatically attract a trafficking charge to more than 30 grams.
The proposed amendments also seek to remove the fine and prison term for smoking, inhaling, sniffing, or otherwise using cannabis or for being found in a place used for that purpose, or being the owner, occupier, or concerned in the management of any place used for the preparation of cannabis for that purpose.
However, while the clause removes the fine and jail time for smoking cannabis in places where cigarette smoking is also banned, it imposes a $10,000 fine for a first offence and a $20,000 penalty for a second or subsequent offence.
The Bill also caters for those instances where an offender may refuse to consent or breach an order of mandatory counselling or community service. The amended Act would grant the court the discretion to order the offender to pay a fine of $250,000 where it sees fit.
The amendments are meant to reduce the burden on the justice system, and also covers issues like recidivism and prison overcrowding. This would not only save the State money, but would also help to keep families together and rebuild communities affected and disadvantaged by the incarceration of persons, especially youth.
The amendments to the law are meant to reduce the burden on the justice system, including overcrowding the prisons as well as keeping families together and rebuild communities affected by the incarceration of persons, especially youth.
Meanwhile, the coalition Opposition had tabled its own Narcotics Bill in which it proposes to raise the trafficking charge to 500 grams. However, AG Nandlall had dismissed this proposal in the National Assembly, stating that the drastic increase was unrealistic especially since the issue of trafficking was one that should receive special consideration. (G8)
