The voting public backed the decriminalisation of cannabis and a national lottery after a three-pronged referendum was run alongside April’s general election.
But, eight months on, there was still no movement after the two proposals were sent to the Law Reform Commission for analysis and recommendations on how they could become law.
Premier André Ebanks announced in June that the commission would be asked to examine ganja decriminalisation and a lottery in the wake of the referenda, which also rejected the construction of large-scale docking for cruise ships.
Richard Barton, president of the Cayman Islands Legal Practitioners Association, said in the same month that changes to the laws on ganja should be a priority in the first 100 days of the new National Coalition for Caymanians government.
Barton, who emphasised he was speaking in a private capacity, said that some believed that, after the referendum result, decriminalisation had already happened.
He added that meant that “urgent clarity” was needed “now more than ever”.
Barton said that the reclassification of cannabinol and its derivatives from “hard” to “soft” drugs was “a practical solution”.
Decriminalisation backed
He highlighted that the referendum, although non-binding, had shown more than 55% of voters had backed decriminalisation. Discounting those who cast a ballot in the election but failed to vote on the ganja question, more than 60% of those who voted yes or no voted “yes” for decriminalisation.
Barton’s view was supported by Orrie Merren, a barrister who wrote a paper with veteran psychiatrist Dr. Marc Lockhart that suggested legal amendments to loosen the regime around cannabis. Merren said the commission had done “a very thorough and stellar job” in past deliberations.
He added, “While the stipulated area of focus specifically relates to ‘decriminalisation of the consumption and possession of small amounts of cannabis’, it would be nice if perhaps the scope was widened in the future to see cultivation of small amounts of cannabis considered within the decriminalisation scope and beyond it a bit further, also to see broadening medical cannabis legislation addressed as well.”
He also agreed with Barton’s contention that children and young people still had to be protected from potential harmful effects of the drug.
Merren said international conventions, including UN conventions, also had to be observed, as well as Cayman constitutional rights.
He explained that legalisation of ganja for recreational use would put Britain, because Cayman is a UK overseas territory, in breach of international treaty commitments.
Ebanks said that the commission would make recommendations on ganja, including proposed possession thresholds, legal definitions, administrative penalty levels, potential social impacts and the protection of vulnerable people.
National lottery
The national lottery was backed by 51.24% of voters in the April 2025 referendum.
The review will include proposals for operation and regulation, including a legal framework and licensing rules, as well as safeguards designed to avoid the risk of gambling and business models to maximise revenue and keep costs down.
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