Marijuana use in Barbados

 Q: I am going to fete during Crop Over 2023 and I heard that you could smoke marijuana without sanction and then I am hearing don't take the chance. I am hoping it is without sanction or is the hope in vain. 

 

A: The hope and that of anyone else harboring this thought is in vain. This question came to me before the Crop Over 2023 season and I answered no to smoking marijuana legally to that person, and I now give the reasons for that answer.   

The applicable legislation is section 6 (1) Drug Abuse (Prevention and Control) Act CAP 131 which provides:

"Subject to any regulations under section 12, it shall not be lawful for a person to have a controlled drug in his possession."

A look at the Fourth Schedule of the Act is of concern to the user because it provides for a penalty on summary conviction, before a Magistrate, for possession a fine of $250,000 or imprisonment for 5 years. On indictment before a High Court Judge a fine of $500,000 or imprisonment for 20 years, or both. This is still the law, as I understand it now.

There is a Medical Cannabis Industry Bill which passed both chambers November 2019, but I found nothing at www.barbadosparliament.com/bills/details/421 indicating an assent by the President or Gazette providing for the proclamation into law. The Bill provides for use of the drug in specific medical applications, which clearly is of no use to the recreational user.

There is also a Drug Abuse Prevention and Control (Amendment) Bill, which proposes a fixed $200 penalty, paid within 30 days by persons found in possession of 14 grams or less of cannabis and for individuals to by referral attend the National Council on Substance Abuse (NCSA) for assessment and counselling. 

At www.barbadosparliament.com/bills/details/530 the indication is that the Bill passed both chambers of the House March 2021, but I found nothing indicating an assent by the President or Gazette providing for the proclamation into law.

You might be asking how a constable would know if you were in possession of an illegal drug, addicted to cannabis or know with certainty the weight. I am also at a lost because unless he follows established chain of custody procedures how is he able to identify the drug, weigh it, assess you, store it and retrieve it at a later date if necessary while writing a fixed penalty in the field. To the best of my knowledge, the Bill does not answer any of the questions raised at sections 6A or 6B of the proposed amended provisions nor in the proposed schedules. 

Where does this leave the recreational user? At this stage relying on section 6 (1) Drug Abuse (Prevention and Control) Act CAP 131 still looking at a 250,000.00 fine or 5 years in jail or both if he is found guilty of possession. If the Bill passes and is proclaimed amounts less than 14 grams pursuant to section 6A (4) Drug Abuse Prevention and Control (Amendment) Bill attract a fixed 200.00 penalty and once paid result in no criminal record. However, if unpaid the user pursuant to section 6A (9) Drug Abuse Prevention and Control (Amendment) Bill is guilty of an offence and liable on summary conviction to a fine of $1 000.  If the user pursuant to section 6A (5) Drug Abuse Prevention and Control (Amendment) Bill disputes that he is in possession of cannabis, he may be prosecuted under section 6 (1) Drug Abuse (Prevention and Control) Act CAP 131 and face a large fine and or confinement. 

Note that not all is lost for a convicted user because given the intent of the legislation not to criminalise small amounts he could after serving a custodial or non-custodial sentence rely on Criminal Records (Rehabilitation of Offenders) Act, Cap. 127A seek to expunge the conviction. 

I hope this helps.