Medical and small amount of Marijuana decriminalised in St Kitts-Nevis

The Dr. the Honourable Timothy Harris-led Team Unity administration has accepted more than a dozen recommendations presented by the St. Kitts & Nevis National Marijuana Commission in its final report to the Cabinet on the way forward for the use of marijuana in the country.

The Commission’s report was presented to the Office of the Prime Minister on January 10, 2019. This was followed by a meeting between Cabinet members and members of the Commission on Monday, February 18 in Nevis where several of the recommendations were further deliberated upon.

Those unanimous recommendations of the commission are:

1. The blanket criminalization of cannabis as per the Drugs Act has been overtaken by passage of time and regional and international developments and should be amended.

2. The definitions in the Drugs Act relating to cannabis should be amended, having regard to scientific developments since the Act was passed in 1986.

3. The use of cannabis and its derivatives for medicinal and scientific purposes should be permitted under licence and a strict legislated regime.

4. The regime for the use of cannabis for medicinal purposes should include the following:

a. The establishment of a medicinal licensing authority to regulate importation, local cultivation and production.

b. A requirement that two tiers of practitioners must complete a requisite amount of Continuous Medical Education (CME) hours on cannabis (i) medical practitioners for prescribable marijuana products; and (ii) herbalists for non- prescribable marijuana products.

c. A requirement that prescribable marijuana products must meet international labeling standards.

d. The inclusion of other components should be allowed only under advice from experts in the industry.

5. Production and trade should be permitted under licence and a strict legislated regime of hemp and hemp products.

6. The penalty for possession of less than 15 grams of cannabis should be reduced to a ticketable offence without a criminal record.

7. The penalty for the growth of less than 5 plants per household should be reduced to a ticketable office without a criminal record.

8. The current regime for the rehabilitation of offenders should be amended to permit the Court to expunge the criminal records of persons convicted in the past of possession of cannabis in quantities below the amounts specified above.

9. Current healthcare services for the treatment of substance abuse should be substantially upgraded and increase the number of personnel trained in treatment and counseling of young persons and other vulnerable groups.

10. A massive public messaging programme should be created prior to any changes in the law and continuing thereafter informing the public of the benefits and risks and the potential harm to young persons regarding the use of cannabis.

11. The programme should be adapted for use in the school curriculum.

12. The smoking and use of cannabis in public places should remain a criminal offence and attract substantial penalties.

13. Offences and penalties of driving under the influence of cannabis should be introduced.

Prime Minister Harris stated in Wednesday’s (February 20) sitting of the National Assembly that the National Marijuana Commission was “judicious and sensible in their recommendations” and noted that, “The acceptance of these recommendations put forward unanimously by the National Marijuana Commission portends some fundamental changes to existing laws in St. Kitts and Nevis which the Cabinet will have to consider carefully and consult further on.”

Notably, the prime minister said the Commission could not agree that cannabis should be legalized for religious purposes or that it should be legalized for recreational purposes.

“The Cabinet considers therefore that a phased approach is advisable taking the unanimous recommendations of the Commission as our first steps and thereafter consider the other areas on which unanimity could not be achieved, and that would be the prudent approach to take,” the prime minister added.

In practical terms, Prime Minister Harris said his Cabinet will consider and consult further on creating the framework for the use of cannabis for medicinal purposes and for the development of the medical cannabis industry in St. Kitts and Nevis.

“At the same time, it means that those found with under 15 grams of cannabis or growing less than 5 plants would receive ticketable offences only, and of course their criminal record would not reflect adversely with respect to these. Those currently in prison on convictions for small amounts of 15 grams should have their sentences reviewed and anyone convicted for such small amounts would have their conviction records appropriately cleared up,” the honourable prime minister said.

"The use of cannabis in public places will continue to be a serious offence and we will seek also to prohibit the sale or use of cannabis by persons under the age of 18 years old.  Of course, the Hon. Attorney General will bring the necessary Bill or Bills to Parliament to give effect to the new policy frame."

Prime Minister Harris thanked the members of the National Marijuana Commission on the quality of their final report “which has established important sign posts and given guidance to my Government” and stated that this approach of widespread consultation on a controversial issue, such as cannabis, adopted by this Government will become the model for addressing such issues in a modern democratic society such as St. Kitts and Nevis.\

Those unanimous recommendations of commission are:

1. The blanket criminalization of cannabis as per the Drugs Act has been overtaken by passage of time and regional and international developments and should be amended.

2. The definitions in the Drugs Act relating to cannabis should be amended, having regard to scientific developments since the Act was passed in 1986.

3. The use of cannabis and its derivatives for medicinal and scientific purposes should be permitted under licence and a strict legislated regime.

4. The regime for the use of cannabis for medicinal purposes should include the following:

a. The establishment of a medicinal licensing authority to regulate importation, local cultivation and production.

b. A requirement that two tiers of practitioners must complete a requisite amount of Continuous Medical Education (CME) hours on cannabis (i) medical practitioners for prescribable marijuana products; and (ii) herbalists for non- prescribable marijuana products.

c. A requirement that prescribable marijuana products must meet international labeling standards.

d. The inclusion of other components should be allowed only under advice from experts in the industry.

5. Production and trade should be permitted under licence and a strict legislated regime of hemp and hemp products.

6. The penalty for possession of less than 15 grams of cannabis should be reduced to a ticketable offence without a criminal record.

7. The penalty for the growth of less than 5 plants per household should be reduced to a ticketable office without a criminal record.

8. The current regime for the rehabilitation of offenders should be amended to permit the Court to expunge the criminal records of persons convicted in the past of possession of cannabis in quantities below the amounts specified above.

9. Current healthcare services for the treatment of substance abuse should be substantially upgraded and increase the number of personnel trained in treatment and counseling of young persons and other vulnerable groups.

10. A massive public messaging programme should be created prior to any changes in the law and continuing thereafter informing the public of the benefits and risks and the potential harm to young persons regarding the use of cannabis.

11. The programme should be adapted for use in the school curriculum.

12. The smoking and use of cannabis in public places should remain a criminal offence and attract substantial penalties.

13. Offences and penalties of driving under the influence of cannabis should be introduced.