Last week, the PLP government tabled a compendium of bills aimed at legalizing the medical and religious use of cannabis as well as the decriminalization of small amounts of marijuana. The level of distrust and mistrust of our political leaders in general and the PLP administration, in particular, has led many to conclude that the recently tabled legislation was designed with special interest groups in mind, but that is not the focus of this piece.
Many have questioned the prioritization of this matter over the enactment and implementation of a good governance framework as well as other more pressing issues affecting Bahamians daily. Nevertheless, it is also widely known that this topic has been debated and featured in political rhetoric for quite some time. It is, therefore, worth exploring what the proposed framework for cannabis in The Bahamas could mean for our nation and future generations.
Was a referendum needed?
Several Bahamians have raised concerns about the Davis administration’s decision to act unilaterally on this important issue without putting the matter before the electorate in a referendum. The gambling referendum or opinion poll is being cited as a precedent that has been abandoned by the current administration.
It is apparent that the current PLP administration vividly recalls that the overwhelming defeat of its gaming referendum marked the beginning of the end of its governance. The Prime Minister can sense that his government’s popularity has significantly waned, and its approval rating is on the decline regardless of any publicized opinion polls or propaganda. The government has, therefore, decided to take the risk and gamble on what is left of its political capital. Will the Bahamian people punish the PLP for this decision? Only time will tell.
The US Coincidence
The tabling of the cannabis legislation occurred in the immediate aftermath of significant developments on this same issue in the United States. This is despite the fact that the Attorney General made announcements about the passage of these laws in June 2022 and further asserted that the marijuana bill would be debated in the House of Assembly by the end of 2023.
In the US, cannabis is currently classified as a Schedule I drug under the Controlled Substance Act with a high potential for abuse, no accepted medical use and prohibition of its use for any purpose. However, 38 states and D.C. have comprehensive medical marijuana frameworks, while 24 (and D.C.) have legalized adult recreational use, according to the National Conference of State Legislatures. Coincidentally, the US Justice Department recently moved to formally reclassify marijuana as a less dangerous drug from a Schedule I to Schedule III substance, with a lengthy public consultation to follow. President Biden has also moved to pardon people convicted federally of simple possession of marijuana to erase their convictions in response to what he described as a failed approach to marijuana.
The case for medicinal use
There are numerous papers and studies that support the benefits of marijuana in the easing or reduction of severe pain for individuals with a number of medical conditions. It is against this backdrop that proponents of medicinal marijuana have argued the need to legislate and regulate its use in The Bahamas. That being said, there are arguments that suggest that a legal framework currently exists for persons requiring the use of marijuana for medical purposes. During an interview in January 2020, the current National Security Minister was quoted as stating that medical marijuana was already legal.
In tabling the Bills, the government has invoked reactions from medical and pharmaceutical professionals. This raises serious concerns about the level and depth of consultation with individuals who will be called upon to be gatekeepers in the enforcement of these laws. The Bahamas Pharmaceutical Association has expressed concerns about the role and involvement of qualified pharmacists in the dispensaries. A process with loopholes will only open the door for the circumvention of safeguards and abuse of a process aimed at protecting the citizenry while preventing further social decadence. The government will do well to consider the warnings and counsel provided by these professionals.
Politics and the expunging of records
The expunging of criminal records of persons convicted for possessing small amounts of marijuana is not a novel idea, albeit it has been used repeatedly for political gain to entice the electorate. The main target of this policy shift seems to be young persons and other recreational users. The new legislation promises to remove cannabis from the list of dangerous drugs and provide for the expungement of records for possession of 30 grams or less.
A short trip down memory lane will show that in 2020, the current Minister of National Security accused the then-Minnis administration of dishonesty and sought to garner political support as they sought marijuana reform. The noted King’s Counsel asserted at the time that he was unaware of anyone in prison for simple possession of a small quantity of marijuana as fines were being issued and the criminalizing of such individuals had not been done since 1990. While the entrenchment of this policy is welcomed to address the issue decisively in statute and prevent young persons’ lives from being wrecked by a flawed approach, it is time to stop playing political games with our people’s lives.
The banking conundrum
There have been commentaries by representatives of the domestic banking sector regarding the servicing of a marijuana industry. This is further complicated by the position taken on this issue within the United States. This conundrum remains without a legal framework that permits banks to provide services to the marijuana industry without federal prosecution in the US.
Will correspondent banks and counterparties of Bahamian banks react positively to the implementation of this new law? What will this mean for the country’s ratings and the assessment of financial institutions operating from this jurisdiction. The reclassification to a less dangerous drug seems unlikely to remove the legal risks associated with banking cannabis. Blair Bernstein – a spokesperson for the American Bankers Association, surmised that “Cannabis would still be illegal under federal law, and that is a line many banks in this country (i.e., the US) will not cross”.
An enforcement dilemma
The Davis administration has listed cancer, HIV/AIDS, multiple sclerosis, epilepsy, autism and sickle cell anemia as some medical conditions within the medical marijuana legislative framework. Also listed are post-traumatic stress disorder, anxiety, depression and other conditions. While the requirement for medical certificates and prescriptions will exist, it would be naïve to assume that the exploitation of this process is not a real risk, as we have seen in the issuance of sick slips. On a related note, how will employers navigate through this from a recruitment, ongoing employment and discriminatory practice perspective?
The government’s pronouncements about its commitment to ensuring Bahamian ownership sound good from a theoretical standpoint, but implementation is more problematic. How will the government prevent foreign ownership via fronting arrangements, which are prevalent in other industries within our economy?
The religious exception to the use of marijuana raises the question about the government’s role in policing religion and how this can be effectively enforced. A representative of the local Rastafarian community had cautioned that not all Rastas have dreadlocks for different reasons and hence the relevant authorities will need to exercise proper discretion in their enforcement.
In the final analysis, has the current administration knowingly or unknowingly opened a backdoor to recreational use? Has the government drafted legislation that is impossible to implement or enforce? Do law enforcement agencies currently grappling with a crime crisis have the bandwidth to police the new legislation? Has this been properly thought through or are we just passing laws without an expectation of proper enforcement? No one builds a house without first counting the cost; has the government properly counted the cost of the marijuana Bill?
One thing is certain: a comprehensive plan is needed, and the necessary resources with training will be required to avoid chaos in an already challenged social landscape.
Written by: Arinthia S. Komolafe
Loading ...
