Guyana passes legislation removing custodial sentences for certain amounts of marijuana
Key Points(5)
- “Today we are delivering on that promise but the journey that we travelled to arrive where we have arrived today has not been an easy one.
- We believe in a process that is as consultative as possible and on an issue like this which has a history of being controversial where you have different segments of our society, all who are entitled to equal treatment, all of whom are entitled to fair treatment.
- “A responsible government, therefore, has to therefore skillfully navigate these competing interests in an effort to find that delicate, acceptable equilibrium in order to satisfy,” Nandlall said.
- The legislation was first presented to the National Assembly on January 28, 2021 and was put before a Special Select Committee to conduct widespread consultations.
- The committee comprised three government and four opposition members.
The Guyana Parliament has approved an amendment to the Narcotic Drugs and Psychotropic Substances Control (Amendment) Bill of 2021 paving the way for the removal of custodial sentences for persons in possession of 30 grammes or less of cannabis.
Attorney General and Minister of Legal Affairs Anil Nandlall, SC, who moved the bill in the absence of opposition legislators, said the amendment is a commitment made by the ruling People’s Progressive Party/Civic government in its manifesto for the March 2, 2020, regional and general election, but he made it clear that a promise was never made to decriminalize marijuana in Guyana.
“Today we are delivering on that promise but the journey that we travelled to arrive where we have arrived today has not been an easy one. We believe in a process that is as consultative as possible and on an issue like this which has a history of being controversial where you have different segments of our society, all who are entitled to equal treatment, all of whom are entitled to fair treatment.
“A responsible government, therefore, has to therefore skillfully navigate these competing interests in an effort to find that delicate, acceptable equilibrium in order to satisfy,” Nandlall said.
The legislation was first presented to the National Assembly on January 28, 2021 and was put before a Special Select Committee to conduct widespread consultations. The committee comprised three government and four opposition members.
“The Opposition, as is their norm, hardly attended the meetings,” Nandlall said, adding “we had to issue public statements criticizing them for non-attendance and it is reflected in the report and when they attended, they did not have many constructive contributions to make.
“As we are trying to navigate these difficult questions, we are not getting any help from the opposition but they will be the first to condemn…”
The legislation also received support from Home Affairs Minister Robeson Benn and Minister of Culture, Youth and Sport, Charles Ramson Jr, who noted “if we are to protect young people, we cannot punish young people by putting them in prison for a joint.”
Although custodial sentences will be removed, a person found with one to 15 grammes of cannabis will be required to undergo mandatory counselling while persons found with one to 30 grammes of cannabis will be subject to community service under the Extra-Mural Work Act for a period not exceeding six months.
The Act will also allow for an offender who breaches the mandatory counselling and community service paying a fine of GUY$250,000 (One Guyana dollar=US$0.004 cents).
CMC/
