Proposed removal of custodial sentence sparks debate

Marijuana possession

– MP notes need for drug rehabilitation support services
– Rights commissioner urges clarity on lawful quantity

By Jarryl Bryan

The President’s recent announcement that custodial sentences for possession of small amounts of marijuana would be removed from the statute books is being greeted with various reactions by some stakeholders.
While they agree the measure is good in principle, questions are being raised in regard to the execution of this plan.
In an interview with this publication, the Opposition point woman on health, Parliamentarian Dr Vindhya Persaud, expressed the belief that while removing custodial sentences is a step in the right direction, support services such as drug

rehabilitation and treatment centres are wholly lacking.
“I don’t support the use of marijuana whatsoever, and even though countries have legalised marijuana, there is so much debate in the process about the properties of marijuana. But instead of persons being sentenced to (jail), they can have rehabilitation,” Persaud, also a medical doctor, posited.
“This is the problem. There are Acts that have been put into place and the infrastructure to actually make them work is not in place. If we go this way, while it is something that can be beneficial, the regulatory infrastructure and the services to implement it (are lacking),” Persaud said.
Former Vice President of the Guyana Rastafari Council and Rights of the Child Commissioner, Nicole Cole, welcomed the proposed initiative, but expressed concern that the term “small amounts” is yet to be quantified.
“I welcome the positive promise to remove custodial sentences for the possession of small amounts of marijuana,” she said, going on to note that “the President is

still to commit to the quantity that constitutes ‘small amounts’.”
Cole questioned whether Government’s definition of small would amount to 15 grammes, 25 grammes, 56 grammes or 3 ounces. She stressed that such a law must be as unambiguous as possible.
Cole also noted that, for too long, members of the Rastafari community have been denied their rights when it comes to personal use of marijuana on religious grounds. This, she pointed out, is despite the fact that the right to religion is enshrined in the Constitution of Guyana.

Pressure
Amidst pressure to decriminalise possession of small quantities of marijuana, President David Granger assured on Friday, during a press conference, that Government would soon present the legislation for non-custodial sentences.
“We have taken a decision in principle that custodial sentences for the possession of small amounts of marijuana for personal use would be legally abolished. After the National Assembly comes off of recess, we could look forward to that legislation being passed,” the Head of State told reporters.
He went on to note that Cabinet has already collectively agreed to pursue this, and he said there should be no difficulty in implementing it.
The Alliance For Change (AFC) –minority party in the coalition Government – has been pushing for legislative reform with regard to the narcotics law, which currently imposes a minimum sentence of three years and a maximum sentence of five years, on narcotics traffickers.
In fact, AFC parliamentarian Michael Carrington had filed a motion seeking to

soften penalties for marijuana possession. The draft bill had stipulated that persons who are found in possession of the drug for personal use would be required to pay a fine of $10,000, or perform community service for a period of time.
However, that motion was subsequently withdrawn for further amendments on sentencing and marijuana decriminalisation. It has since been placed on the Order Paper, and is expected to receive the National Assembly’s attention when it comes out of recess in October.
The issue of non-custodial sentences for small amounts of marijuana gained momentum back in March 2016 when inmates at the Georgetown Prisons started a fire which eventually killed 17 prisoners, while several others along with prison staff were injured.
A subsequent probe had found, among other issues, significant overcrowding at the facility had contributed to the events, and as such, considerations were re-ignited to reducing custodial sentences for certain offences, such as possession of small amounts of marijuana, as a solution to reducing overcrowding within the prisons system.
Recently, a Caribbean Community (Caricom) Commission on Marijuana has made recommendation for the decriminalisation of marijuana across member states, saying that the substance can be controlled and regulated as in the case of alcohol.
This recommendation was placed before the 39th Regular Meeting of the Conference of Heads of Government of Caricom, which was held in Jamaica in July.
During the conference, it was recognised that member states would need to review the report in more detail to determine action at the national level in relation to law reform models, as proposed by the Commission.