Attorney General and Minister of Legal Affairs Anil Nandlall, SC on Monday met face-to-face with members of the Rastafarian community outside of his Carmichael Street office, where he assured them there would be progress on the bill to amend the laws on marijuana possession.
Members of the Rastafarian faith started protesting outside the Attorney General Chambers on Friday over the fact that people are still being locked up for having in their possession small amounts of marijuana.
Today, Nandlall came out to listen to and address their concerns. The Attorney General informed them that the Bill is at an advanced stage and just needs to be addressed at a Select Committee, which is meeting today to elect a chairman.
“We are at a stage where we have a Bill to address your concerns, which is a fundamental accomplishment. We cannot suspend the law. We have to pass another law to amend or repeal that law. We have decided on a process of amendment, but until that amendment has passed, the current law will be in force,” Nandlall explained.
When it was pointed out by one protestor that the Constitution of Guyana guarantees freedom of religious worship and marijuana is a part of the Rastafarian religious culture, Nandlall highlighted that the scientific community recognises marijuana as a narcotic. He, nevertheless ,urged them to come to committee meetings on the bill and present their views.
In January 2021, the Government tabled in the National Assembly the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill 2021, which if passed, will see persons in possession of 15 grams of cannabis or less sentenced to counselling.
This Bill is currently with a Special Select Committee for further consultations.
Currently, possession of 15 grams or more could attract a trafficking charge with a prison sentence of three to five years, and a fine of no less than $30,000 or three times the market value of the drug.
Under the Bill, possession of 15 grams or less of cannabis is an offence of simple possession. An amount over 15 grams, but no more than 30 grams, will attract community service. This includes employment in public work under the Extra-Mural Work Act for a maximum of six months.
The Bill also increases the quantity of cannabis that would automatically attract a trafficking charge from 15 grams to more than 30 grams. It also removes the fine and prison term for smoking, inhaling, sniffing, or otherwise using cannabis or for being found in a place used for that purpose, or being the owner, occupier, or concerned in the management of any place used for the preparation of cannabis for that purpose.
However, while the clause removes the fine and jail time 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 or subsequent offence.
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 to order the offender to pay a fine of $250,000 where it sees fit.
The amendments are meant to reduce the burden on the justice system, and also covers issues like 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.
