A magistrate on Monday warned a visiting tourist who claimed she forgot a cannabis vape pen in a toiletry bag in her luggage, saying she was lucky to land in Cayman and not another jurisdiction where her actions could have had “dire consequences.”
The woman, a 45-year-old Jamaican national who works in the TV and film industry, pleaded guilty to a single charge of importing a cannabinoid derivative.
The Summary Court heard that she had flown into Cayman on a JetBlue flight from Boston on Wednesday, 11 Dec. Customs officers at Owen Roberts International Airport who searched the woman’s luggage found a vape which tests later confirmed contained a cannabinoid derivative, THC.
Magistrate Angelyn Hernandez, after hearing details of the case, and accepting an apology letter from the woman and character references, ordered her to pay $3,000 costs, but ruled that no conviction be recorded against her.
In light of the no conviction recorded, the Compass is not naming the defendant.
The court heard that the woman had no previous conviction. Her lawyer, Richard Barton, told the magistrate his client was “mortified” when the vape, for which she had a prescription, was detected.
Another item found in her luggage also contained liquid used in vapes, but consisted of only nicotine, he noted.
He said she had flown to Cayman after travelling to the United Kingdom, New York, and other US states before flying from Boston.
Explaining how the cannabis vape came to be in her possession, Barton said, following a family tragedy, she had sought psychiatric intervention and had been prescribed it. While she used it initially to help her cope, she has since stopped using it, he said, which explained why the prescription for the vape was dated 2020.
He noted that she travels extensively for her work, and is well respected in her industry and in her community.
Barton said his client knew she had made a mistake and he told Hernandez he was asking for her “mercy”.
Hernandez responded, “For a seasoned traveller, she has made a gross mistake. Imagine [if she had arrived] in another jurisdiction.”
Barton replied, “Absolutely. She wouldn’t be in the dock, she’d be in the morgue. And that’s why she’s mortified.”
The magistrate, addressing the woman as she passed sentence, told her that her error could have had “dire consequences” and queried how she could have been “so casual” in her packing.
She said she believed it had been a genuine oversight, and found there were exceptional circumstances.
She added, “It’s clear you are not even using it, and haven’t in years,” and advised, “You probably should take a break and clean everything out of your toiletry bags before you jump on another plane.”
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We really need a big sign and an amnesty box when people arrive here. People do forget things and don’t realize what is legal in one country may not be legal in another.
For example: possession of single use plastic and Styrofoam containers is illegal in the Bahamas.