THE EDITOR, Sir:THE SOLICITOR-GENERAL'S concern that decriminalising ganja would place Jamaica in conflict with international anti-drug treaties ("No to Ganja," December 10, 2003) is unwarranted.
In recent years, dozens of nations have replaced criminal penalties for minor drug crimes with "administrative sanctions" without running afoul of global treaties by calling on constitutional principles, or by arguing that strict enforcement of criminal prohibition was not in the public interest.
The Jamaican National Commission on Ganja carefully examined this issue and concluded: "Decriminalising personal use while suppressing the sale and trafficking [of ganja] ... is nonetheless possible under the 1961 Single Convention Treaty, which does not explicitly prohibit use. ... Therefore, decriminalisation of possession for personal use and use itself does not breach the 1961 Single Convention."
Previous government analyses in other countries, including the United States, have yielded similar conclusions. Most recently, a legal study by the British DrugScope think tank concluded that governments may substitute measures such as "education, rehabilitation and social reintegration" in lieu of a criminal convictions or penal sanctions for minor drug violations. In fact, even the International Narcotic Control Board, which oversees implementation of the United Nation's anti-drug treaties, admits, "None of the conventions require a party to convict or punish drug abusers who commit ... offences ... [that] have been established as punishable."
In short, international treaties do not prohibit countries from relaxing criminal penalties on the adult possession of small quantities of ganja. As such, Parliament should continue moving forward with the Commission's recommendations to decriminalise ganja for responsible Jamaicans.
I am, etc.,
PAUL ARMENTANO
paul@norml.org
Senior Policy Analyst, The NORML Foundation
Washington, DC
Via Go-Jamaica
