Government encouraged to prioritise ganja decriminalisation

The decriminalisation of cannabis should be a top priority during the first 100 days of Cayman’s new government, a prominent lawyer has said.

Richard Barton, president of the Cayman Islands Legal Practitioners Association, said further delays would only add to confusion over the legal position after a referendum decision in favour of loosening the law on cannabis.

Barton, who emphasised he was speaking in a personal capacity, highlighted that the previous administration had spent a lot of money on the referendum “when we are looking at a projected deficit”.

He added, “Ganja was put on the referendum to actively invite young people to go to the polls, and politicians will tell you that.”

Barton was speaking more than a week after the Compass asked the government a series of questions on when or if it would move to alter the legal status of ganja.

The government has remained tight-lipped on its plans.

Voters were asked if they supported “the decriminalisation of the consumption and possession of small amounts of cannabis” — one of three referendum questions posed during the April election. The others dealt with the legalisation of a national lottery and the creation of cruise ship piers.

Barton said, “In the weeks that have followed this historic referendum, the radio silence from the government on this important issue has arguably led to more dissatisfaction, uncertainty and confusion on the subject matter.

“Many are left with the misguided belief that the results of the referendum on this issue have immediately resulted in decriminalisation. Sadly, this could not be any further from reality and urgent clarity is required now more than ever.”

Barton said the reclassification of cannabinol and cannabinol derivatives from ‘hard’ to ‘soft’ drugs was “a practical solution”.

He added, “The most common forms are gummies and vape pens. The current classification of a Schedule 1 drug currently renders a person in possession, or who imports a single gummy or vape pen, triable in the Summary Court or on indictment in the Grand Court and liable to imprisonment for seven years and a fine of $10,000 for a first offence.”

Barton highlighted the referendum, although non-binding, showed more than 55% of voters backed decriminalisation.

He said that legal changes were needed, not just to honour the result of the referendum, but to take account of the wider legal landscape.

Barton added, “For instance, ganja in the vegetable form is already classified as a ‘soft drug’ and persons in possession of smaller amounts less than one pound, consistent with personal use, are deemed eligible for an ‘adult caution’.

“Similarly, the Drug Court exists to offer a second chance to those that need state intervention to assist with their efforts at rehabilitation.”

Barton said a small revision of the Misuse of Drugs Act, if implemented, would give people caught with small quantities of gummies, vapes or other edibles with cannabidiol or cannabidiol derivatives in them the chance to opt for a caution.

He explained that would also avoid the disproportionate costs and delays associated with various lab tests and court fees, and ease the strain on police and customs staff.

He emphasised that the drugs legislation should retain “a distinct and separate approach in instances where the factual matrix suggests an intention to supply, rather than for personal consumption”.

Barton said, “This remains the position for ganja in the vegetable form, in excess of one pound, where the custody threshold is surpassed and the court is likely to take a firmer approach to sentence.”

He added that Cayman courts were already inclined to leniency for first offenders and people with amounts for personal use — less than two ounces of cannabinol or cannabinol derivatives.

Barton said probation was often used in place of stricter penalties and that “this approach should encourage our legislators to act sooner than later”.