The debate on the decriminalisation of marijuana in the various Caribbean Community (Caricom) member countries is gaining momentum. At the 39th Regular Meeting of the Heads of Government of Caricom, which was held at Montego Bay, Jamaica, one of the main items considered was the Recommendations made by the Report on the Regional Commission on Marijuana. That 10-member commission under the chairmanship of Professor Rosemarie Belle-Antoine consisted of experts in various fields, including medicine, law, psychiatry, education and criminology. It analysed the legal, health and economic issues surrounding marijuana use. It also held extensive consultations throughout CARICOM member states. Among its main recommendations was the decriminalisation of marijuana. The Commission pointed out that the jails were being overcrowded with young persons who had had small quantities of the drug, and that such sentences in various Caribbean jurisdictions were far more severe than for very serious crimes.
President Granger, who attended the meeting, agreed that possession of small quantities of marijuana should be decriminalised, but said the time for commercialisation and industrialisation of marijuana had not arrived in Guyana. Under the Narcotic Drugs and Psychotropic Control Act, if one is in possession of more than 5 grams of cannabis, one could be sentenced to three years in jail.
Actually, the possession of marijuana, or ganja, as it was always called, was not a criminal offence in the 19th century. Ganja was introduced into the Caribbean by indentured workers from India, and was used by them in certain religious ceremonies, but was never used otherwise. One of the main Indian users were the Kabir Panthi sect, who used it during their all-night satsangs (singing of religious songs). Later, it came to be adopted by working class groups of other ethnicities to get a “high”. Memory of its secular usage is preserved in the folk song “Ganja Mannie! Gimmie one shilling Ganja Mannie” where an African working class man is calling on the Portuguese shopkeeper Mannie (Manoel) to let him have a shilling’s worth of ganja. Ganja was sold in the shops in those days.
In Jamaica, the religious usage of ganja was preserved among the Rastafarian community. Ganja usage in the 19th century differs from its post-World War II usage. Today, ganja is used just like cocaine. In Guyana, except for some members of the Rastafarian community, who use it for religious purposes, it is generally used to produce a “high”. This is manifested today in the names used for the drug. Marijuana, the American name, is gradually replacing the Caribbean and Guyanese folk name, ganja. Ganja has undertones of its religious use and of the fact that its use was socially controlled, so that it rarely led to addiction. In addition, middle class people regarded the drug as socially unacceptable.
Modern marijuana usage is thought to lead to addiction, destruction of one’s mental faculties, moodiness, loss of appetite, and sometimes criminal behaviour. For example, many traffic accidents have been as a result of reckless driving or riding of motor cycles by persons who became “high” on alcohol or in some cases marijuana. Many criminals have also had a history of marijuana use. This is evident by marijuana being constantly smuggled into all the prisons. It is necessary to always have this face of marijuana when amending or reforming the law.
We agree with the President that there should not be custodial sentences for possession of small quantities of the drug, but definition of “small quantities” should have a relationship to the five grammes which presently exists in the law. That said, this does not mean that persons should be allowed to go scot-free; there could be other forms of punishment, such as community work, spending time at rehab, and so on.
We support the position that there should be no commercialisation or industrialisation of the drug. Guyana is certainly not ready for this. We have noted the comparisons being made to the Jamaican model, and how advanced that country is in terms of marijuana legislation. However, we would also like to point out that the situation in Jamaica is very different from what obtains in Guyana, and that their ways, including their law in dealing with marijuana, are particularly relevant and unique to Jamaica.
