Folks,
it's now History in Jamaica as Rastafarians in Swallowfield and Nannyville as
well as the rest of Kingston and indeed the entire Jamaica must be celebrating
a long fought victory.
The
Senate (Upper House) on Friday February 6th 2015 passed the
Dangerous Drugs Amendment Act 2015 that basically makes the possession of up to
two (2) ounces of Marijuana (Cannabis Sativa) a ticketable and non-arrestable
offence as reported in the article “Senate Passes Ganja Law”, published
Friday February 6, 2015, The Jamaica
Gleaner.
It
also decriminalizes Marijuana (Cannabis
Sativa) and Hemp for medicinal, religious, scientific and therapeutic
purposes, paving the way for the Marley's to cultivate Marijuana (Cannabis Sativa) and Hemp locally for their Marley Natural Brand in
partnership with Privateer Holdings as I’d predicted in my blog article
entitled “Marley
Natural and Privateer Holdings – How the Marley Family will benefit from
Amendments to the Dangerous Drugs Act 2015”.
So
says the Horse's Mouth on this historic occasion as reported by the Jamaica
Information Service in the article “Senate
passes Bill to amend Dangerous Drugs Act”, published February 7, 2015 By Latonya
Linton, The Jamaica Information Service.
The
General Public support this move and is a plus for the PNP (People’s National
Party), who many have chosen to pass the Dangerous Drugs Amendment Act 2015 to
curry favour with the electorate come 2016, when General Election are
constitutionally due.
So
basically, what happened here folks? Is Marijuana (Cannabis Sativa) and Hemp possession legal in Jamaica? Not
quite....
Senate passes Dangerous
Drugs Amendment Act 2015 - Focused on Possession but little legislation for
Control of Growers
The
Debate in the Upper House had resumed on Friday February 30th 2015
with regards to the Dangerous Drugs (Amendment) Bill, after members of the
Senate (Upper House) took a one (1) week
break for this eagerly anticipated Debate as noted in my blog article
entitled “Marijuana
Decriminalization Debates coming January 30th 2015 - Cannabis Licensing
Authority to regulate Jamaica’s Marijuana Industry as Hemp free from stigma”.
They
then resumed on Friday February 6th 2015 at Gordon House, here it
was briefly debated and the Dangerous Drugs (Amendment) Bill being promptly
signed into Law with almost no opposition....from the Opposition as noted in
the article “Senate
resumes debate on Ganja Bill today”, published Friday, February 06, 2015, The Jamaica Observer.
The
specific sections of the Dangerous Drugs Act 1984 that were being debated were:
1.
Possession of two ounces or less of
ganja be made a non-arrestable, ticketable infraction attracting a fixed
monetary penalty payable outside the court system, which does not give rise to
a criminal record
2.
Failure to pay the monetary penalty is
to be a minor offence, punishable in the Petty Sessions Court by an order for
community service
3.
Where the person found in possession of
ganja in a small quantity is a minor, or an adult who appears to be dependent
on ganja, the person is to be referred to the National Council on Drug Abuse
(NCDA) by the police officer issuing the ticket
4.
Prohibition of the smoking of ganja in
public places, subject to specified exceptions; and a scheme of licenses,
permits and other authorizations to enable the establishment of a lawful,
regulated industry for ganja for medical, therapeutic and scientific purposes,
and the establishment of a Cannabis Licensing Authority.
The
Senators gave arguments with regards to the amendments to the original
Dangerous Drugs Act of 1948, which, interestingly was before independence. It
was last amended in 1987, again interestingly, to make accommodations for the
ShipRider Agreement with the United States of America.
Basically,
the Senators on both sides of the bench seemed to have no problem with changes
to the Dangerous Drugs (Amendment) Bill that would effectively imply that you
can grow Marijuana (Cannabis Sativa)
and Hemp for Profit. They had also debated fines as well, albeit that related
more to their value than if they served any purpose.
Their
main focus seemed to be on possession among members of the public, about which
they put on quite a show of a debate that basically lasted for the session that
they convened to debate the Dangerous Drugs (Amendment) Bill as noted in the article “Senators
poke holes in ganja legislation”, published Friday, February 06, 2015, the Jamaica Observer.
Which
is of course why during the Debates, Minister of Justice Mark Golding was
adamant and quick to point out to all who could hear him that this was not a
legitimization of the illegal Marijuana (Cannabis
Sativa) and Hemp and that it was still a criminal offence to poses the drug
in larger amounts, quote: “Save for the specific reforms that we have
announced, the criminal sanctions for illicit activities involving ganja (will)
remain as currently set out in the Dangerous Drugs Act”.
Senate passes Dangerous
Drugs Amendment Act 2015 - Robust but short debate suggests Senators have
Marijuana Fields
Interestingly,
they also took some grievance with the fact that Minister of Science,
Technology, Energy and Mining Phillip Paulwell was to be the first Director of
the Cannabis Licensing Authority, the Regulatory body established to oversee
the Marijuana (Cannabis Sativa) and
Hemp Industry as mentioned in the article “Cannabis
Licensing Authority to regulate ganja Industry”, published Thursday, January
22, 2015 7:15 AM, the Jamaica
Observer.
So
says the Horses' mouth, , the Jamaica Information Service as stated in their
article “Authority
To Be Set Up To Regulate Medicinal Ganja Industry”, published January 21,
2015, by Alecia Smith-Edwards, the Jamaica
Information Service.
This
despite Minister Philip Paulwell giving his assurance that he'd endeavour to be
the Best Ganja Minister ....er...that is Best Director of the Cannabis
Licensing Authority possible, promoting Jamaican Marijuana (Cannabis Sativa) and Hemp and making it
competitive against other countries doing the same as noted in the article “Paulwell
Committed To Making Jamaica A World Leader In Ganja”, Published Sunday
January 25, 2015, by Neville Graham, Business Reporter, The Jamaica Gleaner.
Once
get the sense that some of the Senators, on BOTH side of the Bench or more specifically
the PNP (People National Party) Senators, either had Marijuana (Cannabis Sativa) and Hemp growing
somewhere waiting for the opportunity to make it legitimate or were investors
in Dr. Henry Lowe's BTRDI (Bio-Tech R&D Institute) IPO (Initial Public
Offer).
After
all, P.J. Patterson, a Medicanja
board member and former Prime Minister
declared at the launch of the BTRDI on Wednesday October 29th
2014 that they (Government of Jamaica) should "fly the gate" or not
impede progress as noted in my blog article
entitled “Dr.
Henry Lowe Medicanja's parent BTRDI launching IPO in 2015 - Why P.J. Patterson
“fly the gate” for Hemp and Marijuana products to cure 84 ailments”.
And
so they did, being as the Senate is majority PNP by virtue of them winning the election,
making the vote a no-brainer and the debate somewhat pointless. And so, what
should have been several months of debates was settled in less than a few
hours; the Dangerous Drugs (Amendment) Bill became the Dangerous Drugs
Amendment Act.
Jamaica’s Marijuana Dilemma
– Plans to Export while being a Trans-Shipment point for Cocaine and illegal
Marijuana
Good
to note that despite the focus of the Debate, it's not just a decriminalization
of possession of 2oz of Marijuana (Cannabis
Sativa) and Hemp. By NOT debating the other part of the Bill relating to
Growing of Marijuana (Cannabis Sativa)
and Hemp, the Opposition were implicitly agreeing to give a green light to
Investors to start growing Marijuana (Cannabis
Sativa) and Hemp for medicinal, religious, scientific and therapeutic
purposes.
Also
the American seemed to have no problems with the passing of the Dangerous Drugs
Amendment Act or concerns that it may be a contravention of the 1961 UN Single
Convention on Narcotics.
Public
Affairs Officer at the US Embassy in Jamaica, Joshua Polacheck, pointed out
that the US of a was focused on Transnational Issues and not the small scale
consumption of Marijuana (Cannabis Sativa)
and Hemp as noted in the article US Says “It's
OK To Legalise Ganja But ...”, published Wednesday February 11, 2015,The Jamaica Gleaner.
In
fact, earlier on Thursday, January 29th, 2015, a day before the
Senate debate was to commenced on Friday January 30th 2015, Assistant Secretary
of the Bureau of the INLEA
(International Narcotics and Law Enforcement Affairs), William R
Brownfield, also pointed out that the US
Government had no concern with Jamaica’s Decriminalization drive as it relates to
Marijuana as noted in the article “US official
cautions Jamaica on ganja legalization”, published Thursday, January 29,
2015 BY ARLENE MARTIN-WILKINS
Associate editor - news, The Jamaica
Observer.
Rather, the US Government is more concerned with Jamaica being a Trans-shipment destination for Cocaine from Colombia and Marijuana (Cannabis Sativa) and Hemp not legally grown on farms to be registered by a Government authority, such as the Cannabis Licensing Authority being currently set up.
To
quote Assistant Secretary of the Bureau of the INLEA (International Narcotics
and Law Enforcement Affairs), William R Brownfield: “Jamaica deals with another
set of problems as well... Some very competent, very talented, very skilled
agricultural experts in Jamaica also produce a very high-quality cannabis,
which is used both for domestic consumption and there the opportunity presents
itself for exports to other markets as well, so Jamaica has to deal with both
problems in that regard. [Jamaica has] to deal with one set of problems in
terms of being a producer nation... and it has to deal with the impact of being
a transit nation as well”.
Plus,
they even got support from the principal of the UWI (University of the West
Indies), Mona, Professor Archibald McDonald as noted in the article “Pro-ganja
lobby endorses changes on eve of Senate debate”, published Thursday,
January 29, 2015 By Balford Henry, Observer Senior Staff Reporter, The Jamaica Observer.
Professor
Archibald McDonald, who also chairs the Cannabis Commercial and Medicinal
Research Task Force (CCMRTF), says that the GOJ (Government of Jamaica) needs
to stand firm. Jamaica stands to benefit, despite having signed ShipRider
Agreements as well as the 1961 UN Single Convention on Narcotics. Our blossoming
Marijuana (Cannabis Sativa) and Hemp Industry
is a regulated Commercial industry decriminalized specifically for medicinal,
religious, scientific and therapeutic purposes.
It
also has a regulatory body, the Cannabis Licensing Authority, that'll seek to
work with the Ministry of National Security to make sure that Marijuana (Cannabis Sativa) and Hemp growers are
licensed and not involved in the trans-shipment of Marijuana or Cocaine.
Best
of all, they now have their good friend, the Minister of Science, Technology,
Energy and Mining Phillip Paulwell, as the Director of the Cannabis Licensing
Authority, a position that should by right have been advertised to give other
worthy Public Servants a chance to serve in that Capacity.
Effectively,
the Senators are setting themselves up to have Minister Phillip Paulwell
Rubberstamp approve large Marijuana (Cannabis
Sativa) and Hemp plantations that's start suddenly springing up like
poppies with Applications to be approved to grow the same for medicinal,
religious, scientific and therapeutic purposes.
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