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News
June 29, 2018

Marijuana crimes decrease following law reform – CARICOM

Law reform related to marijuana has not been followed by any discernible increase in use or an increase in cases of psychosis.

It has however decreased criminal arrests and paved a way for marijuana farmers who were once looked down on to become businessmen and women.

So says a report which was submitted to the Caribbean Community Heads of Government earlier this month.

The report was prepared by the CARICOM Regional Commission on Marijuana and sanctioned by the CARICOM Conference of Heads of Government at its 25th Inter-Sessional Conference in St Vincent and the Grenadines (SVG) in 2014.

The report dubbed, “Waiting to Exhale — Safeguarding our future through responsible socio-legal policy on marijuana,” said the region has had the benefit of observing the effects of law reform not just in countries around the world, but in a CARICOM country, Jamaica, which presents three years of experience since leading decriminalization efforts (and de facto legalization for small amounts) in 2015.

“The latest data reveals that there has not been any discernible increase in use, but also no increase in psychosis cases. Further, criminal arrests have decreased, and Jamaica has begun to reap benefits from the cannabis industry. Significantly, the numbers of persons approving of law reform for various reasons have increased, between 70% and 90%. Clearly, even many of the sceptics have been converted. The problems being experienced relate to teething administrative issues such as licensing arrangements and the like,” said the report.

The report stated that the analysis of the comprehensive information gathered indicates that the current legal regime for marijuana, characterized as it is by prohibition and draconian criminal penalties, is ineffective, incongruous, obsolete and deeply unjust.

“After considering the most up to date evidence and the views of Caribbean peoples, the Commission is unanimous in its view that the status quo with respect to the legal regime governing cannabis/ marijuana cannot be maintained and legal reform should be a priority for Member States.”

The report said there is conclusive evidence that marijuana is beneficial for several ailments.

“More importantly, scientific evidence has now disproved, or severely challenges, some of the most popularly held beliefs and perceptions of harm that currently underpin the law, in particular, the gateway theory, addiction and causative factors in relation to psychosis. It also establishes that cannabis is less harmful, or no more harmful than substances that are not prohibited under law, like alcohol.”

The report noted that after evaluating the scientific data and testimonies from the public, the Commission is of the view that the proven medical benefits of cannabis/ marijuana in several areas outweigh the risks.

It stressed that this finding is consistent with those of international bodies, the most influential of which have labelled the current legal regime “redundant” and “obstructionist.”

“This Report acknowledges the work of these previous studies. The scientific data supports law reform to permit the use of marijuana, but in a controlled regulatory environment.”

The report added that it may be necessary to invest resources in treating marijuana as a public health issue, at least in the short-term, notwithstanding general expectations to public health.

According to the report, the Commission’s Economics Study illustrates that significant earnings may be realized from averted enforcement costs; sales, licensing requirements for production, taxes and other revenue for a law reform model that is strictly regulated by the state. Funding costs may therefore be offset by these revenues.

The writers of the report added that given the key finding that now establishes that marijuana has several beneficial effects, it can no longer be accurately classified in law as a “dangerous drug” with “no medicinal or other value”. This finding is significant since the illegal status of the drug was premised on its classification as a dangerous drug.

“The prohibition-based regime supported by criminal sanctions is deemed to be ineffective, inefficient and unfit for purpose both by many members of the public and those who administer it.

“Despite its illegal status, marijuana is readily available, and its use is prevalent across the region and across all classes, races and social status. The prohibitionist legal regime and the harsh penalties, remnants of a now discredited ‘war on drugs’ approach, have failed to deter usage. Influential international and regional authorities have acknowledged this and called for a new approach, centred on public health and rights, to treat with cannabis/ marijuana,” the report further stated.

An Economics Study commissioned for the Commission illustrates that the highest financial benefits will come from a fully legalized model that is strictly regulated and the lowest benefit will come from decriminalizing only.

The Economics Study illustrates that prices inflated because of the black market will fall with liberalization.

“Consideration should be given to establishing fixed prices and moderate taxes, taking care not to re-kindle the black market. While prices will fall, revenue will accrue because of sales, taxes and related measures,” said the report.

“Marijuana farmers who were once considered criminals will now be accepted as respected farmers and entrepreneurs contributing to the licit local economy,” the report said.

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