Gov’t, Opposition clash on proposed marijuana Bills

…Gov’t says 500 grammes proposed by Opposition “ludicrous”
…Opposition criticizes Government’s proposed counseling, penalties for possession of small quantities

By Lisa Hamilton

The Government and Opposition have submitted separate Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bills to the National Assembly and, on Thursday at the 16th Sitting of Parliament, took jabs at each other for the differences therein.

In December 2020, the Opposition submitted its Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill 2020 which called for the legality of 500 grammes of cannabis or cannabis resin and for all persons currently imprisoned for such possession to be released.

In January 2021, Attorney-General and Minister of Legal Affairs, Anil Nandlall submitted the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill 2021 which does not state the proposed quantity to be allowed. The Bill still sees the possession of marijuana as an offence but, alternative to jail time, other punishments have been outlined.

It would require persons in possession of 15 grammes of cannabis to prove that such is not for the purpose of trafficking; mandatory counseling by a certified counsellor specified by the Court for anyone convicted for being in possession of cannabis less than 15 grammes; and community service for possession cannabis over 15 grammes and under 30 grammes.

Further, for smoking cannabis in places where cigarette smoking is also banned, it imposes a $10,000 fine for a first offence and a $20,000 penalty for a second and subsequent offences.

Where an offender may refuse to consent or breach an order of mandatory counseling or community service, the offender may be subject to pay a fine of $250,000 where the Court sees fit.

In presenting the Opposition’s differing Bill to the House, Opposition Member of Parliament (MP) Sherod Duncan questioned: “There are those in our society who want that if you are found with a little bit of a piece of a plant you must go to counseling. We could recommend counseling for so many issues that we face in this society [and] possession of a piece of plant you must go to counseling?”

However, in rebuttal, Minister of Education, Priya Manickchand said that, except for the amount of cannabis proposed, the Opposition’s Bill is identical to a Bill drafted by attorneys-at-law Nigel Hughes and Mark Waldron and previously laid before the National Assembly.

“Lazy attempt at a draft, no effort, no effort to attempt even to examine and to interrogate the issue that they are trying to resolve for fellow Guyanese,” she criticized.

Furthermore, Manickchand told the House that it was former President David Granger who had cautioned against buying into practices embarked upon by developed countries without the requisite framework to support reform.

Reading from a media article, she said that it was the former President who said “such reforms were not a current concern of the Government” and that he “would not subscribe to the usage of marijuana”. Manickchand said that the current Opposition, then Government, had numerous opportunities to move forward with the Bill but failed to do so.

She maintained the People’s Progressive Party Civic (PPP/C) long-held the position that those found in possession of small quantities of marijuana could be given alternative punishments.

Speaking to the Opposition’s Bill she said: “500 grammes would give you 30 joints the size of a cigarette…Mr. Speaker, 30 joints like this would make everybody in this House high for a few days.”

She said that the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill 2021, as presented by the AG, is the only means that will allow for the proper addressing of the possession of small amounts of marijuana.

Rising to speak too was Opposition MP, Jermaine Figueira who said that it is unfortunate that, to date, no one has been held accountable for Guyana’s world record-breaking transshipment of 11.5 tons of cocaine to Belgium but regularly, youths of communities such as Buxton, Agricola, Albouystown and Linden are sent to jail for a mere 15 grammes of marijuana.

“Yes, it is the law, but we have a moral duty as policymakers, as lawmakers to use the same law to save our young people,” he stressed.

Minister of Culture, Youth and Sport, Charles Ramson said that the Opposition’s proposal of the decriminalization of 500 grammes of cannabis is proof that no research went into their Bill.

“It is totally irresponsible, it is ludicrous to suggest such a dramatic shift and then, on top of that, you do not represent the majority of views in this House and that does not represent the majority of positions of the people in this country,” he said.

Ramson stressed the need for the gradual introduction of controlled use of marijuana in Guyana instead of the “experiments” proposed by the Opposition. He took jabs at Figueira’s presentation suggesting that the MP strayed from the matter at hand.

“I heard about scrap metal, this is a debate on marijuana. I heard about scrap metal, I heard about sugar, I heard about shipments in cocaine,” he said even as he boasted that the PPP/C has the majority in the House and would therefore have the final say on the Marijuana Bill.

Opposition MP and attorney, Roysdale Forde countered by stating that while the PPP/C has labelled the proposed legalization of 500 grammes as “irresponsible”, it is through consultation that the Opposition would have arrived at the portion.

“We do recognize that this is a substantial change but it is a substantial change which we believe accords with the current circumstances facing the country, that accords with the current thinking facing the country. We do not expect that every single person will go to acquire 500 grammes but it is an upward threshold that we wish to propose,” he said.

In showing support for the Bill presented by Duncan, he said that for too long Guyanese, inclusive of the Rastafarian community, have suffered at the hands of the current laws and believes that the 500 grammes is a sufficient amount to keep Guyanese unnecessarily out of jail.