

The Government on Thursday introduced in the National Assembly the 2021 Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill, which, if passed, will see people with 15 grams of cannabis or less sentenced to counseling.

This Bill is currently with a Special Select Committee for further consultations.
“Under the new subsection (2A), possession of a quantity of cannabis or any substance thought to be cannabis not exceeding 15 grams may be punishable by compulsory counseling for a period to be determined by the counselor,” the Bill reads.
Currently, possessing 15 grams or more could attract a trafficking charge with a sentence of three to five years in prison, and a fine of not 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 offense of simple possession. An amount over 15 grams, but no more than 30 grams, will attract community service. This includes employment in public works under the Extra-mural Works Act for a maximum of six months.
“Public works are defined by section 2 of the Extra-mural Works Regulations, Regulation 8 of 1998, to include any work on State or Government land or any State-owned, rented or rented property. leased to the State or with the local consent of the governmental authority, on any land or any other property owned, rented or leased by the local government authority. ”
The Bill also increases the amount of cannabis that would automatically attract a human trafficking charge from 15 grams to more than 30 grams. It also removes the fine and the jail term for smoking, breathing, smelling, or otherwise using cannabis or for being found in a place used for that purpose, or being the owner, occupier, or control any space used for the preparatory work. 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 prohibited, it imposes a $ 10,000 fine for a first offense and a $ 20,000 penalty for a second offense or subsequent offense.
The Bill also provides for those cases where an offender may refuse to consent or breach a mandatory counseling or community service order. The amended Act would give the court discretion to order the offender to pay a fine of $ 250,000 where he sees fit.
The amendments are intended to reduce the burden on the justice system, and also cover issues such as prison resettlement and overcrowding. Not only would this save the State money, but it would also help keep families together and rebuild affected communities disadvantaged by imprisonment of people, especially youth.
Throw out
Meanwhile, a Bill introduced by Opposition Member of Parliament (MP) Sherod Duncan which sought to increase the amount subject to a trading charge from 15 to 500 grams was thrown out as Attorney General and Legal Affairs Minister Anil Nandlall , SC, highlighted several not only technical but policy-wise deficiencies in that Bill.
He examined the Opposition Bill extensively and said the staggering increase was unrealistic as the issue of human trafficking is one that should receive special consideration.
“Although the Opposition Bill suggests that possession of more than 500 grams of cannabis should be the threshold for the presumption of human trafficking where the burden of proof is placed on the defendant, the choice should be an increased one after consultation ‘ vast, ”the Attorney General said. He said.
Nandlall highlighted that the amendment currently proposed by the Government is similar to the trend in Caricom’s counterparts, with the exception of Trinidad, Jamaica, and Antigua and Barbuda, which shows that, although possession of a small amount is being debated -offending, possession of any amount above that amount activates the presumption of human trafficking.
Not only is the Opposition Bill technically unfounded and not fit for purpose, but Nandlall also noted that it is totally inadequate to serve as a solution to address the issue of reform to the legal procedure dealing with marijuana. He explained that the Bill completely missed the mark by removing prison as a punishment for all narcotics.
“This means no jail term for possessing destructive drugs such as cocaine or heroin. This has dire economic and social consequences for Guyana, ”he noted.
