DECRIMINALISING USE OF GANJA Editorial
Guyana Chronicle
December 14, 2003

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AS THE illegal drugs trade continues to plague nations across the Caribbean region, with overcrowded prisons being one of the costly consequences, a top legal official in Jamaica has raised an issue that could only contribute to the headaches of Caribbean Community governments.

Just when some governments have been signalling the likelihood of decriminalising possession of small quantities of marijuana (ganja) for personal and/or medical consumption, the Solicitor General of Jamaica, Mr. Michael Hylton, has warned Prime Minister P. J. Patterson's administration to think also of a possible backlash.

The National Commission on Ganja, which was established by the Patterson administration, has included among recommendations in its recently submitted report to a parliamentary select committee, the decriminalising of ganja for private, personal use in small quantities.

According to Solicitor General Hylton, this recommendation could be implemented by amending the existing Dangerous Drugs Act. But, he pointed out, this action could also find Jamaica in breach of international conventions governing the non-production, trading and consumption of illicit drugs, including the 1988 United Nations Convention against illicit Traffic in Narcotic Drugs and Psychotropic Substances, signed by that CARICOM State.

This dilemma of decriminalising possession of small quantities of ganja for personal consumption and running foul, by so doing, of treaty obligations is not, of course, only a problem for Jamaica. It is also one for any country of the Caribbean, including Guyana, that is a party to international conventions prohibiting trafficking and consumption of illicit drugs, such as ganja.

Overcrowded Prisons
The expanding illicit drugs trade, primarily in cocaine and marijuana, has contributed significantly to heavily populated prisons in a number of CARICOM countries with a good many inmates being non-violent drug offenders or uninvolved in trafficking.

Since an increasing number of young people are placed before the courts for possession of small quantities of marijuana, and frequently sentenced to prison terms, then decriminalising specified quantities of the drug for private use, whether or not for medical reason, would have to be linked to what amount could also be illegally in one's possession.

Alternatives to custodial sentencing - such as community services - for certain offences, especially for young and first offenders - is often given official expressions. But too many governments of the region are yet to come to grips with implementation of such a policy.

In the circumstances, expectations would be low for the implementation of an enlightened policy on possession and consumption of small quantities of marijuana.

Yet, it is a challenge that cannot be ignored indefinitely in the face of the growing percentage of young people being hauled before the courts and sent to prison or fined for possession or use of small quantities of marijuana.

Guyana, for one, should closely monitor developments in Jamaica relating to the recommendations of the National Commission on Ganja and the related advice being offered the Jamaican government by its Solicitor General on how to avoid dishonouring international treaty obligations by decriminalising private use of the drug.