Jamaica's Senate passes Dangerous Drugs Amendment Act 2015 - How Jamaica Plans to Export while being a Trans-Shipment point for Cocaine and Illegal Marijuana

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 6^th 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 30^th 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 6^th 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 29^th 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 29^th, 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.