Lawyers welcome ganja decriminalisation vote result

Firm referendum backing for decriminalisation of cannabis possession in small amounts has been welcomed by top members of the legal profession.

Richard Barton, a barrister who last year called for a common-sense approach to reform of drugs legislation, said the more than 55% vote backing the measure was “a clear and democratic resolution to a long-contested issue”.

He said the next government should make relaxation of the law on ganja a priority.

Barton, the president of the Cayman Islands Legal Practitioners Association, who emphasised he was speaking in a personal capacity, added the result was a clear indication of “the will of the people”.

As part of Wednesday’s general election, voters were asked to vote on three referendum questions: on the decriminalisation of consumption and possession of small amounts of cannabis, on whether they wanted the construction of cruise ship piers and on the creation of a national lottery.

In addition to approving the cannabis question, voters backed the setting up of a national lottery but rejected cruise ship berths by a convincing majority.

Barton said the cannabis vote “rightly puts to rest speculation and division on a matter that has, for far too long, disproportionately affected marginalised communities through manifestly excessive punitive enforcement”. 

He added, “The effective use of the referendum process demonstrates the strength of our democratic institutions when called upon to deliver clarity on complex social issues.”

“The next government must now act without delay to implement the necessary legislative reforms in line with the public’s expressed mandate, while ensuring that these changes are made carefully and responsibly to maintain public confidence, parity and social harmony,” he said.

Barton was backed by lawyer Orrie Merren, who submitted a public consultation document co-authored with Dr. Marc Lockhart, a consultant psychiatrist and ex-chairman of the Mental Health Commission, which discussed the referendum drugs question in the run-up to the vote.

Merren said on Thursday, “I am grateful to all who voted ‘yes’, while also being respectful of the views of others who voted ‘no’ or who otherwise abstained from voting.

“I am very respectful of democratic processes, wherein we may respectfully and courteously ‘agree to disagree’.”  

Merren highlighted that the Parliament-initiated referendum was non-binding and that MPs, as well as the public and private sectors, had “a lot of work” to do to enshrine cannabis decriminalisation in law.

But he added that ensuring compliance and compatibility with UN conventions on drugs would be “easily achieved”.

Merren added it was important to create alternatives to criminal convictions and punishment, such as treatment, education, after-care, rehabilitation and social integration programmes, in line with UN conventions.

He said drug-abuse prevention and help for drug abusers, as well as “a paramount focus” on the protection of children, young people and vulnerable groups, such as those prone to psychosis, were vital.

Merren emphasised he “completely agreed” with a CARICOM report on marijuana, quoted in the Eastern Caribbean Supreme Court in 2019, where a judge highlighted the commission was “unanimous in its view that children and young persons must be protected from possible adverse effects of cannabis”.

The court added that prohibition for children and young people “within an appropriate age limit” should be rigorously enforced, except where there were medical reasons.

It also said that the young people should be channelled to treatment and diversion programmes rather than being prosecuted or criminalised.

Merren and businessman Prentice Panton organised a petition in 2022 calling for a referendum on the subject.

He said at the time that criminalisation of cannabis use affected personal freedom and privacy and highlighted court judgments in Commonwealth counties, including St. Kitts and South Africa, that ruled that the prohibition of the personal use of cannabis interfered with the constitutional rights to privacy and freedom of conscience.

Merren also drafted sample legislation in 2021, similar to that passed in Jamaica and Bermuda, that he said could be the basis for legal change in Cayman.