DPI – Persons found in possession of 15 grams or less of cannabis are to receive mandatory counseling , the amended Narcotic Drug and Psychotropic Substances (Control) (Amendment) Bill 2021 details.
Currently, possession of 15 grams or less could attract a prison sentence between three to five years and a fine of no less than $30,000.
The amendments are meant to reduce the burden on the justice system, the amendment bill states. It covers issues like marijuana possession, recidivism and prison overcrowding. This would not only save the State money, but would also help to keep families together and rebuild communities affected and disadvantaged by the incarceration of persons, especially youth.
Clause 4 of the Bill amends section, 4(1) and (2) of the Principal Act. It now excludes from the offence of possession of any narcotic, defined to include cannabis, under subsections (1) and (2), to simple possession. This however, cannot exceed the specified amount listed separately under the new subsections (2A) and (2B).
“Under the new subsection (2A) the possession of a quantity of cannabis or any substance held out to be cannabis which does not exceed fifteen grams is punishable by mandatory counselling for a period to be determined by the counsellor,” the document stated.
Further, under (2B) the possession of any quantity of cannabis or any substance thought to be cannabis which exceeds 15 grams but does not exceed 30 grams, is punishable by community service. This includes employment in a public work under the Extra-Mural Work Act, Cap. 11:02, for a period not exceeding six months.
“Public work is defined by section 2 of the Extra-Mural Work Regulations, Reg. 8 of 1998, to include any work on State or Government land or any property belonging to, or rented or leased to the State or with the permission of a local government authority, on any land or any other property belonging to, or rented or leased to, the local government authority.”
Clause 5 of the Act has also been amended. Section 5(2)(e) has been amended to increase the quantity of cannabis, in relation to the burden of proof being placed on a person to prove that the person is not in possession of cannabis for the purpose of trafficking. This concerns an amount more than 30 grams. The amount in the Principal Act is 15 grams.
Clause 6 amends section 12 to remove the fine and term of imprisonment for the smoking, inhaling, sniffing, or otherwise using cannabis, being found in a place used for that purpose, or being the owner, occupier, or concerned in the management of any place used for preparation of cannabis for that purpose.
Further, while the clause removes the fine and term of imprisonment 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.
Finally, the bill also caters for those instances where an offender may refuse to consent or breach an order of mandatory counselling or community service. The amended Act would grant the court the discretion o order the offender to pay a fine of $250,000 where it sees fit.
