Marijuana laws being misinterpreted by civilians says narcotics officer

A police officer attached to the narcotics unit is asking people to read up on the Amended Drugs (Prevention of Misuse) Act, Chapter 284 of the Laws of Saint Vincent and the Grenadines, Revised Edition 2009.

The officer, with several years in the constabulary, told SEARCHLIGHT on Friday, December 6, 2024, that people are misunderstanding the law, thinking it means that marijuana is no longer illegal and they can smoke it boldly in public and anywhere they feel like.

The officer was speaking to SEARCHLIGHT outside the Central Police Station in Kingstown where the RSVGPF was holding its biannual Crime Prevention Exhibition.

The officer said since the law was revised and police officers asked to exercise discretion with people found with small amounts of marijuana, people have been unknowingly breaking the law, and are confused when the police intervene.

He said sensitization is needed, and many in society have not read the Act and are operating on inaccurate interpretations that sometimes land them in trouble and leave them confused as why they are being arrested or cautioned.

Among the issues he pointed to are smoking in and next to schools and in areas school children gather; smoking openly in public spaces as opposed to designated areas; and carrying more than the amount of marijuana recommended by the new Act.

In relation to smoking in schools, “section (4) in subsection (3), “school premises” includes buildings, playing fields or other premises established or maintained by a school for the benefit of its pupils whether or not such buildings, playing fields or other premises are within the curtilage of the school, and also includes any street, road or path in the immediate vicinity of such buildings, playing fields or other premises.”

According to the Act, “anyone found with the controlled drug in any school premises is deemed to have the drug for the purpose of drug trafficking, unless the contrary is proved, the burden of proof being on the accused.”

Smoking openly in public is also a big problem, said the officer who added that many people do not respect non- smokers, and as a result puff marijuana smoke in public spaces including at concerts and on blocks. He noted there was even an instance where someone lit a marijuana cigarette in a minivan.

The smoking of marijuana in public places is addressed by 7C of the Act and states, “(1) Subject to subsection (5), it shall not be lawful for a person to smoke or use cannabis or cannabis resin in any public place.”

The officer said that while he and other officers have been using their discretion when it comes to marijuana possession and usage, there are some people who make it hard for them as they do not understand the law although it speaks clearly what should be done in relation to 56 grammes (1.97534187 ounces) or less of marijuana, and also larger quantities.

He said that he sometimes cautions people he finds smoking marijuana in public places to find private locations or to stop, but that at times comes with hostility, noting that there is need for more public fora to explain to the citizenry since “it sometimes creates problem for police”.

The lawman stressed that marijuana is not legalized; it is decriminalized in relation to small quantities.

“This is mixing up some people,” the officer said, adding the law is that if a person has small quantities, they do not necessarily have to be arrested, and it does not have to result in them having a criminal record.

He said also that there is a designated area where persons who hold a medical prescription for marijuana use can to go smoke, and he is encouraging persons who have the legal means to possess marijuana to use this area.

Back in 2019, Prime Minister Dr Ralph Gonsalves explained that with the new law, “it’s for having in your possession 56 grammes that you do not get arrested…you don’t have a record for, and you can’t be imprisoned…56 grammes- two ounces, that’s what it says. The public policy is to treat that as a health and education issue”.

Last Friday’s exhibition was organized by the Criminal Investigations Department (CID) and served as the culmination of the RSVGPF’s Crime Prevention Week, which was held under the theme: “Community Empowerment: Exploring Diverse Perspectives.”