By Robertson S. Henry and Andre de Caires From Caribbean News Now

Part 1

By letter dated September 2, 2013, prime minister of St Vincent and the Grenadines Dr Ralph Gonsalves, wrote to Kamla Persad-Bissessar, then prime minister of Trinidad and Tobago and the then chair of the Caribbean Community (CARICOM), calling for regional debate on the issue of the decriminalization of marijuana.

opinion.jpg According to Dr Gonsalves in his letter, “I think that it is high time that CARICOM address regionally this matter in a sensible, focused, non-hysterical manner.

“After all, the marijuana plant has a bundle of proven, and potentially beneficial uses. It is true that its misuse and abuse, and the consequentially criminalization of its cultivation, possession and supply, have impacted on our people’s health, welfare, and security.”

Prime Minister Gonsalves is not the first leader to make such a plea for the region to examine the way forward for the decriminalization of marijuana. A decade ago, prime minister of Saint Lucia Dr Kenny Anthony called for a CARICOM commission on marijuana, but this call was ignored.

There is also the collective consensus of prominent voices in the Caribbean united in their belief that the way the laws regarding cannabis crimes are carried out, is doing more harm than good.

Amongst them are former youth and sports minister of Saint Lucia, Lenard Montoute; Dr Henry Lowe of Jamaica; president of the Saint Lucia Chamber of Commerce, Industry and Agriculture. Chester Hinkson; and medical practitioner and independent senator in Saint Lucia, Dr Stephen King.

These persons have all made calls for the decriminalization of marijuana, expressing their convictions publicly regarding the treatment of cannabis offences and its effects on the society.

Additionally the head of Saint Lucia’s Drug Advisory Council had asked persons to explore an argument for the decriminalizing of cannabis from a crime reduction standpoint.

While the Caribbean procrastinates, the fast-paced cannabis reform that is occurring in the US is also reason for serious concern.

Over 20 states in the United States have already legalized marijuana for medical and health purposes, placing them miles ahead of other countries in this regard. It is expected that, within the next two to five years, all 50 states in the USA will have decriminalized marijuana, forcing Congress to effect amendments to the federal laws.

Prime Minister Gonsalves pointed out in his letter that “The USA is already miles ahead of all other countries, globally in medical marijuana. It is already a huge industry with legitimate cultivation, research, production and distribution of pharmaceutical and cosmetic products.

“The longer we wait to give serious regional consideration to this subject, the further behind we would lag in the inevitable legitimization of medical marijuana, globally.

“In the end, our Caribbean would consume the medical, health, cosmetic, and other products derived from marijuana, legally grown and produced in the USA.”

The countries that have already effected changes in respect of the decriminalization of marijuana are:

Argentina
It is legal for personal use in small amounts and for consumption in private locations. Public consumption is generally accepted among young adults and is overlooked by police in the suburbs. Consumption for medical purposes is accepted but not legislated (only in private locations). Cultivating, transporting and selling large amounts is illegal and punishable by present laws.

Australia
Decriminalized for personal use in small quantities in the Australian Capital Territory, South Australia, Western Australia and the Northern Territory. It is a criminal offence in New South Wales, Queensland, Victoria and Tasmania. Enforcement varies from state to state though a criminal conviction for small amounts is unlikely.

Belgium
For adults, consumption in one’s home and possession of quantities of up to 3 grams or one female plant is legal.

Brazil
The possession of any drug for personal consumption entails a warning, community service and education on the effects of drug use. The same applies for the planting and /or preparation of small amounts of any drug.

Canada
Decriminalized only for medical use.

Chile
Cultivation of cannabis plants other than for personal use is considered illegal without a permit from the agriculture ministry. Though consumption and possession of small quantities alone on private property is legal, consumption by a group of individuals is illegal. Consumption for medical purposes is legal but not regulated.

Colombia
Since 1994 possession of small amounts up to one gram for personal consumption is decriminalized, however sale and cultivation remains illegal.

Czech Republic
Possession of small amounts for personal use is legal. Cultivation of up to five plants was decriminalized in 2010. Sale remains illegal.

Ecuador
Possession legal in quantities for personal use defined as being up to 20 grams.

Germany
The German Federal Constitutional Court ruled possession of small amounts legal in 1994.

India
Used during observance of certain Hindu rituals. Government owned shops in holy cities like Varanasi sell cannabis in the form of bhang. Despite the high prevalent usage, the law makes it illegal to possess any form of the drug.

Jamaica
Cultivation, retail and consumption is illegal. However, this is often overlooked and cannabis is sold openly.

Mexico
Recently decriminalized small quantities of cannabis, heroin, methamphetamine and LSD for personal use.

Netherlands
Sold openly in certain area coffee shops.

Norway
Up to 15 grams is considered an amount for personal use.

Pakistan
There are laws prohibiting the sale and misuse of cannabis exist, but are very rarely enforced. As with hash, the occasional use of cannabis in community gatherings is broadly tolerated as a centuries old custom, despite its association with lower income groups. The open use of cannabis by Sufis and Hindus as a means to induce euphoria has never been challenged by the state. Further, large tracts of cannabis grow unchecked in the wild.

Peru
Legal under certain conditions with possession of up to eight grams of cannabis is legal as long as one is not in possession of another drug.

Portugal
The enforcement of the laws makes it illegal in some instances, while small amounts for personal usage have been decriminalized.

UK
Illegal.

USA
Decriminalized for medical uses only in 20 states. Laws vary by state, though state law is superseded by federal law which classifies cannabis as a Schedule 1 substance, the same classification as heroin and LSD. The US Supreme Court has ruled in Gonsales versus Raich that the federal government has a right to regulate and criminalize cannabis, even for medical purposes. In 2009, the Attorney General directed that federal laws do not specify quantity for personal use, and that possession for personal use should not be penalized.

Venezuela
Although possession of up to 20 grams is not punishable, users must go through a drug treatment program.

In decriminalizing marijuana, Caribbean countries would make a serious impact on crime. Decriminalizing will influence the way in which the police treat the young men of this country when confronting them during police operations. Cannabis is illegal and many young men use it. The truth is, that out of the number of young men who use cannabis, only a very small percentage of them are actually involved in violent criminal activity, their only crime being the possession of a controlled substance; a victimless non violent crime. Surely, an individual with EC$5 worth of vegetative material on his or her person cannot be considered a danger to anyone.

Decriminalizing will affect the way in which the police manage their operations. With limited resources, the police need to prioritize their operations. Which operation is more important to the citizens of the country? An eradication exercise, where the police spend time and money searching for marijuana plantations, where they find themselves in isolated areas for long periods, far removed from populated areas, so that when a serious crime is being committed, they are way out of reach.

On the other hand, a patrol exercise where the police make their presence felt by maximum exposure in populated areas and hot spots. If the effects of the two operations were assessed, the patrol presence would have a much more positive effect on crime reduction. A strong police presence would make would-be criminals think twice about committing a crime. The combined effect of a greater police presence, as well as a more respectful and co-operative ghetto youth will obviously have a positive effect in the fight against violent crime.

Decriminalizing would allow the cannabis industry to develop and grow, both on the industrial hemp side of the industry as well as the ‘ganja’ side of the industry, providing much needed jobs and money for Caribbean economies.

Decriminalizing will assist the various justice systems by reducing the number of drug cases the courts have to deal with, as no longer will cannabis offences require the courts to deliberate over them. This in turn saves the courts valuable time in dealing with more serious cases, easing the backlog of existing cases, and saving the taxpayers money that would have been spent on prosecuting individuals for frivolous offences.

Decriminalizing will have a positive impact on the overcrowding problem being experienced at the prison facilities in Caribbean islands, as all persons imprisoned for cannabis offences can be freed by way of an amnesty.

Persons that would have been sentenced for marijuana offences will no longer have to serve jail time, which will create much desired space for violent criminals who need to be removed from civil society. The taxpayer will no longer have to feed people in prison who should not be there in the first place and who could have been making a positive contribution to society. It costs each Caribbean country an estimated EC$2,000 monthly to house an inmate. In these hard economic times, saving this much money is prudent.

CARICOM is made up of independent countries with criminal activities that are unique to these societies, and as a result, these problems need to be addressed in a manner that is specific to the situation that they face.

CARICOM countries can no longer depend on archaic laws that were pulled from drug laws that were originally written in other countries, pieced together, and modified by the lawmakers at the time, to suit the misuse of drugs situation back then.

The socio-economic climate at the time dictated that the law be written as is known today. The region’s socio-economic climate has changed drastically over the past two and a half decades to the extent that the law is almost farcical. The people of the Caribbean live a very unique lifestyle that has been influenced by their history, their geography, as well as by many of their Caribbean icons, the best known being Robert Nesta Marley, Peter Tosh, and Bunny Wailer.

Since reggae music’s worldwide popularity and the exposure of the Rasta lifestyle, attitudes regarding cannabis use in the Caribbean have changed. People are more tolerant and understanding and as a result, the law must follow suit. The way the law as is presently, causes more harm than good.

For more on this story go to: http://www.caribbeannewsnow.com/topstory-Commentary%3A-Exploring-the-decriminalization-of-marijuana—Part-1-29529.html

Part 2

Apart from the law relating to marijuana, the Caribbean is under the sphere of influence of the United States of America, whose war on drugs encompasses the entire region. In fact, the eradication exercises they perform throughout the region are extremely intrusive when considering a county’s status as a sovereign nation.

opinion.jpg The Caribbean Community (CARICOM) is at the mercy of its actions and is caught up in its private war. Consider this, how much cannabis from CARICOM member states is sold in America?

The fact is there are 20 states in the USA where cannabis can be purchased for medicinal use over the counter, and California is attempting to legalize small amounts for recreational use in an attempt to make money by taxing sales.

How can it be that the very same country that is fighting their war on drugs in CARICOM member countries is about to legalize marijuana at the same time?

Laws need to be changed to accommodate changes in social habits, customs and behaviour. Things that were tolerated yesterday are no longer tolerated today and vice versa. Therefore, one of the laws that need to be changed is the law relating to marijuana.

Introduced to the Caribbean by indentured labourers from India during the late 1800s and made popular by the Rastafarian movement in the 60s, the use of marijuana was a novelty activity enjoyed only by a select few. After nearly five decades of indulgence with the plant, the ganja culture has grown into a micro-culture that encompasses all sectors of society.

Enjoyed by doctors, lawyers, magistrates, politicians, policemen, businessmen and women, mothers and fathers, sports persons, musicians and artists, the perception that ganja is the ‘devil weed’ that the system made it out to be, no longer holds true among the majority of Caribbean people. Nearly everyone in the Caribbean knows someone that uses marijuana or is related to someone that uses marijuana and can now make a rational observation when judging its effects on our society.

Marijuana use is so prevalent in CARICOM member states that it can be easily obtained in every community. There are well-organized networks of people from the planter to the wholesaler to the retailer that makes marijuana extremely accessible. Many vendors in countless locations sell rolling papers, pipes and black tobacco openly. Everyone in their respective communities knows where and who is selling marijuana.

It is fair to say that there is a very active ganja culture alive and thriving in CARICOM member states. It is also very important to note that when compared to other CARICOM states, the police attitude toward marijuana in Saint Lucia, St Vincent and the Grenadines, and Jamaica is more lenient.

Testimony to this could be observed at any reggae concert or at any activity on any local field throughout these countries, where marijuana is consumed openly in plain view of the police. Many prominent citizens have applauded the stance that many of the police officers take as they have realized that they will get more co-operation from the public if there is mutual respect.

The reality of the situation is such because persons are living under financial stress; many turn to many things to try to alleviate that stress, use of drugs – illegal as well as legal. These include pharmaceutical, alcohol, religion and marijuana.

It seems to help to ease the pain of poverty and it gives many people the strength to deal with the problems they face in their struggle to obtain the necessities of daily life. People are able deal with the rigours of everyday life and with little side effects; these people can put their noses to the grindstone once again and face another day. Strict cannabis laws will do nothing to make the situation any better. Like alcohol, cannabis is intertwined with everyday life in CARICOM member states, and should be treated in the same manner at least. The truth is that the culture is growing and will be there for a very long time to come. The law must reflect acceptance of this fact.

It is necessary to put the alcohol culture into perspective, as people must seek to understand the situation concerning the double standards, biased judgments, and hypocritical stances taken by society and the system. In CARICOM member states, alcohol is the most popular recreational drug and is an integral part of everyday lives.

People use it before work, after work, at birthday parties, weddings, funerals, graduations, christenings, and all other celebrations. A thriving alcohol culture exists throughout CARICOM member states where one can purchase alcohol in any variety of locations from large supermarket chains to the multitude of rum shops that run throughout the length and breadth of each island. Carnival and Christmas represent two festive seasons where alcohol is purchased in record amounts.

The Caribbean is a place where alcoholism is worn like a badge and drunkard behaviour is tolerated and even encouraged. Our very history is married with the rum culture, where for nearly 200 years black people slaved in sugar cane plantations so that rum could be distilled for the colonialists and where now, sexual images are used to promote alcohol consumption.

Imagine that black people actually use sexual images to promote the very drug that kept their ancestors in slavery for 200 years. It seems incomprehensible, but those are the facts.

Have CARICOM leaders ever considered the loss of productivity in the workplace due to hangovers? In collection of island states where alcohol permeates every fabric of daily lives, one of the laws states that persons should be incarcerated for possession of a handful of flowers?

Many now consider alcohol a drug, one of the most dangerous and deadly of all drugs; more dangerous than crack and heroin. It has caused death and destruction throughout history. When introduced to the American Indian, the Eskimo and the Australian aborigine, alcohol totally destroyed those proud and ancient civilizations. No other drug can claim that distinction.

It is one of the hardest of all hard drugs, with destructive negative consequences. In a number of CARICOM member states, the largest producer of alcohol is rewarded with prizes, awards and accolades and is highly regarded by the business community and the society in general as being very successful.

Yet a person can be incarcerated for the possession of EC$5 worth of flowers; a classic case of double standards that makes the disenfranchised youth rebel against the system even more.

So hence the question, which must be considered: Which substance is more dangerous? A substance that can kill a human, or one that cannot kill a human, if taken in excessive quantities? How can CARICOM leaders totally disregard the alcohol culture and its dangers and at the same time support the draconian measures used when dealing with marijuana matters?

Many CARICOM citizens are completely ignorant of the significant financial boost the decriminalization of marijuana already adds to the economy. This is money that circulates among the lower classes, the under-educated, the ghetto youth and the underprivileged.

These are the individuals who have not been afforded the means to provide themselves the opportunity to land a job that would be able to satisfy their everyday needs. The marijuana industry is one way for these people to provide these financial needs; from the farmer to the retailer and all the other go betweens. This is a hidden economy, meaning that it exists under the radar of government, but contributes significantly to the alleviation of poverty among the poor people of all CARICOM member states.

This is not a trickle down economic model like tourism where the hotel owners and big players get the money first and then it works its way down to the bartender, maintenance workers, taxi drivers and chambermaids, but it is a filter up economic model like any agricultural based model.

It is where the poor masses get access to the monies associated with the marijuana trade first and then spend it in the traditional parts of the retail and service sectors.

For example, the monies raised by the marijuana industry are used to purchase food, shelter, and clothing in all the business houses throughout the country, as well as pay for utilities and services.

Therefore, the money ends up permeating the entire economic system with everyone benefitting. Apart from that, money generated from the marijuana industry is money that stays in the country as opposed to tourism dollars where a large percentage of it ends up in the overseas accounts of the shareholders.

The reality is that there are just not enough legitimate jobs out there to employ everyone, and if there is indeed an industry that contributes so significantly, then why try to destroy it? CARICOM leaders must consider that if EC$40 million was removed from the cash flow of each CARICOM member state economy every year, there would be much more violent criminal activity taking place today.

By decriminalizing marijuana, CARICOM member governments would be able to generate revenues by taxing parts of the sector as suggested by the state of California in the USA.

Here are some of the calculations suggested.

1. If approximately 20,000 people of each CARICOM member state’s total population purchase EC$5 worth of cannabis a day for a year, the total money generated would equal EC$36,500,000.

2. If one pound of cannabis is worth an average of EC$500, with a 20% tax placed on the producer, then each CARICOM government receives EC$100 per pound. On an average 50,000 pounds produced by growers yearly, then the government will generate EC$5 million per year.

3. If approximately 2,000 licenses at EC$1,500 are issued every year, in order that persons can legally vend cannabis, this would generate EC$3,000,000 for each CARICOM member government.

Additionally there is vast potential monetary earnings that could be generated by marijuana tourism. It is difficult to calculate as so many parts of the tourism sector that could be affected, from increased occupancy rates in hotels to increased incomes realized by people in the marijuana industry.

If the US state of California can make a proposition like that, then what prevents CARICOM member governments from agreeing to a similar plan?

Since tourism is the main foreign income earner and competition is strong among CARICOM island destinations, marijuana tourism can give the islands that much needed competitive edge in the market. This is not a revolutionary idea, as for almost two decades, Amsterdam in Holland has been involved in marijuana tourism in the form of coffee shop or marijuana café establishments where patrons can purchase and use cannabis legally within the confines of the building. There are about 300 coffee shops in Amsterdam, which generates almost half a billion US dollars worth of business annually.

The US state of California is now considering something very similar. There are already 600 marijuana dispensaries where marijuana can be purchased for medicinal use. People can acquire a caregivers’ license where one can grow up to 35 plants for patients that require medical cannabis. Californians are now considering tours of marijuana farms, grow rooms, cafés, and already have marijuana festivals where marijuana is consumed openly.

At present, the US is beginning to capitalize on their lenient treatment of marijuana offences in many states; making marijuana is the leading cash crop in California and is in the top five leading cash crops in several states, generating billions of dollars for the US economy.

Andre de Caires has been involved in the research of marijuana for over 20 years, is an agriculturist with decades of experience, and in 1988 presented the Industrial Hemp Initiative to the government of Saint Lucia.

Robertson S. Henry, a Saint Lucian sports journalist/photographer, has received many awards, one of them being from the International Olympic Committee in 2005. He is also a founding member of the Drugfree Club Movement in Saint Lucia in 1988.

For more on this story go to: http://www.caribbeannewsnow.com/headline-Commentary%3A-Exploring-the-decriminalization-of-marijuana—Part-2-29572.html

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