Chevannes
Lloyd Williams, Senior Associate Editor
THE PARLIAMENTARY committee which considered the report of the National Commission on Ganja, decided on February 17 to support decriminalisation of the drug for private, personal use.
Parliament is likely to enact into law soon, the recommendations of the committee and the commission.
Ganja, also known as marijuana and cannabis, among other names, is the most widely and frequently abused illicit drug in the world.
The recommendations of the National Commission on Ganja which was headed by Professor Barry Chevannes, Dean of the Faculty of Social Sciences, UWI, Mona, are:
1. "that the relevant laws be amended so that ganja be decriminalised for the private, personal use of small quantities by adults;
2. "that decriminalisation for personal use should exclude smoking by juveniles or by anyone in premises accessible to the public;
3. "that ganja should be decriminalised for use as a sacrament for religious purposes;
4. "that a sustained all-media, all-schools education programme aimed at demand reduction accompany the process of decriminalisation, and that its target should be, in the main, young people;
5. "that the security forces intensify their interdiction of large cultivation of ganja and trafficking of all illegal drugs, in particular crack/cocaine;
6. "that, in order that Jamaica be not left behind, a Cannabis Research Agency be set up, in collaboration with other countries, to co-ordinate research into all aspects of cannabis, including its epidemiological and psychological effects, and, importantly as well, its pharmacological and economic potential, such as is being done by many other countries, not least including some of the most vigorous in its suppression; and
7. "that as a matter of great urgency Jamaica embark on diplomatic initiatives with its CARICOM partners and other countries outside the region, in particular members of the European Union, with a view (a) to elicit support for its internal position, and (b) to influence the international community to re-examine the status of cannabis."
Specifically, the parliamentary committee recommended:
"That the relevant laws be amended so that the private, personal use of ganja be no longer an offence..." and that "The Dangerous Drugs Act be amended so that the use of small quantities of marijuana in public be made a minor offence to be tried in the Petty Sessions of the Resident Magistrate's Courts."
A result of the implementation of the decriminalisation recommendation, if approved by Parliament, is that persons (especially young males), who are the most likely to experiment with drugs, should not bear a prospect-blighting criminal record for life, if they are found to be guilty of smoking or possessing a small amount of ganja.
The proposed legislation would seek to punish dealers (now described as persons caught with eight ounces and more of ganja and thus, presumed to be sellers) rather than persons having a small amount for personal use. So, small-amount offenders would be penalised with the equivalent of a traffic ticket, rather than being fined/jailed and being tainted for life with a criminal record.
In ordinary language "decriminalisation" is used to describe the removal or reduction of criminal penalties for particular acts. With regard to drug policy, it usually refers to a range of measures such as removal of criminal sanctions for simple possession of drugs or lowering of penalties for possession of small amounts of illegal drugs.
"Decriminalisation", of course, is not to be confused with "legalisation", which, ordinarily, means making legal, that which is currently illegal. But there hardly ever is unanimity among drug policy proponents on exactly what "legalisation" means. For some it means that the possession or supply of drugs which are currently illegal, should be controlled in the same way that alcohol or tobacco is controlled in most jurisdictions.
EXPLANATION
The United States Drug Enforcement Administration takes up explanation of the disagreements:
"To some, it (legalisation) means making all illegal drugs legal for certain people to use. There is no specific definition of legalisation because the parameters of legalisation differ among supporters. The term must be further defined by asking: 'Who will be able to use? Which drugs? At what potency? Where and when? With what regulations? Regulated by whom and with what regulations? Enforced by whom or by which institutions?'"
The parliamentary committee's approval of the recommendations means almost certain passage by parliament, and is likely to stir the legalisation/decriminalisation debate anew.
The main points of the commission's recommendations are that:
"(T)he practice of criminalising the users of small quantities (of ganja) does far more harm than good to the society as a whole...
"(T)he punitive sanctions administered by the justice system to users of small quantities is not only unjust but is a major source of disrespect and contempt for the legal system as a whole. More over, the punishment meted out to such offenders has not had, and is not likely to have, the desired effect of a deterrent.
"Administering the present laws as they apply to possession and use of small quantities of ganja not only puts an unbearable strain on the relationship of the police with the communities, in particular the male youth, but also ties up the justice system and the work of the police, who could use their time to much greater advantage in the relentless pursuit of crack/cocaine trafficking".
There is the argument from some quarters that decriminalisation will bring out the "closet ganja smokers" who hitherto were restrained by the law or by social constraints.
Also, that a consequence of having a lot of drugs around, such as through decriminalisation, is more and more consumption, or as Donnie Marshall, a former Administrator of the DEA, once explained it in testimony to the United States Congress, "supply drives demand".
The International Narcotics Control Board complained in its 2002 annual report that treating cannabis (ganja) like alcohol and tobacco would be a "historical mistake". Commenting specifically on legalisation, it said that "while the damage to health caused by alcohol and tobacco is well known, it would be imprudent to add to the burden on national health-care systems with another harmful substance like cannabis."
Pointing out that cannabis is controlled under the 1961 Single Convention on Narcotic Drugs, it said that while most states were implementing the control required under the convention, "some states are undermining the principle of the international drug control treaties which clearly state that the use of drugs should be limited to medical and scientific purposes only."
Some proponents of decriminalisation cite what they say are the enlightened attitudes of Canada, the Netherlands and the United Kingdom to ganja.
In Canada, legislation was reintroduced two weeks ago in the House of Commons to decriminalise the possession of small amounts of ganja.
The Royal Canadian Mounted Police estimate that at least 800 tonnes of ganja valued at US$4 billion, is produced in Canada annually. Much of this high-potency cannabis is grown in hydroponic hothouses with specialised timers, ventilation, moveable lights on tracks, nutrients sprayed on exposed roots and special fertilisers, all designed to maximise the THC levels in the drug. The result is said to be ganja that is "particularly powerful, dangerous and addictive". In 1999 (the latest figure available) the RCMP seized one million ganja plants.
The Government of the Netherlands has a tolerant attitude to such "soft" drugs as cannabis which is sold in designated "coffee shops". International Narcotics Control Strategy Report 2003 states that the "coffee shops" declined from 1,179 in 1997 to 805 in 2001. It quoted the 2001 National Drug Monitor as reporting that 73 per cent of the 505 municipalities in the Netherlands do not tolerate the "coffee shops" at all. Both the Government and the Dutch people view domestic drug use as a public health issue first, and then as a law enforcement matter second.
CLASS C DRUG
In the United Kingdom ganja has been reduced to a Class C drug and the penalty for the possession of a small amount for personal use, is no longer heavy fines and harsh prison sentences. Ganja is the most used illicit drug in the UK but the authorities say they have no intention of legalising or decriminalising its production, supply or possession.
The United States is a huge producer of ganja for its own use, growing it both indoor and outdoor. Major indoor growing states, using such advanced agronomic practices as cloning, hydroponics, metering of light, water and fertilisers, as well as provision of atmosphere enriched with carbon dioxide, have been California, Florida, Alaska and Kentucky. The leading outdoor growing states have been California, Hawaii, Kentucky and Tennessee.
There are some people who argue that decriminalising even a "soft" drug such as ganja, is bound to increase the amount of usage among all drugs.
There is the fear in some quarters that decriminalisation of ganja will affect youngsters most, especially many still in school.
There is the fear also that the number of growers and sellers and users will increase since smokers know they will no longer "get into serious trouble" if they are caught by the police.
The Americans argue that medical marijuana exists in the form of Marinol, a pharmaceutical product which is widely available there through prescription. They say that unlike smoked ganja, which contains more than 400 different chemicals, including many of the hazardous compounds found in tobacco smoke, Marinol has been studied and approved by the U.S. Food and Drug Administration, and that there are no FDA-approved medications that are smoked.
Smoking, they argue, is generally a poor way to deliver medicine, it is difficult to administer safe, regulated doses of medicines in smoked form, the harmful chemicals and carcinogens that are by-products of smoke create entirely new health problems, and that, for example, there are four times the level of tar in a spliff (ganja cigarette), than in a tobacco cigarette. In addition, they say that health costs and social costs will arise from decriminalisation.
However, the National Commission on Ganja concedes that ganja is not entirely harmless. "Despite its proven folk medicinal qualities", the commission states, "its use can be injurious to health. There is evidence that for those who smoke it, the inhalation of tar and other compounds can affect the lungs; that users can experience short-term memory loss and delayed action time; and that among young people it can retard the learning process. There is also documented evidence that the substance can produce in some people a mentally disturbed state of ganja psychosis."
There are many people who argue that Jamaica, instead of merely decriminalising ganja, should go the whole hog and legalise the possession of small amounts for private, personal use and either collect taxes from, or jail, large-scale growers and traders of the drug.
But legalisation is easier said than done. Every time the legalisation suggestion is made in Canada, U.S. authorities warn that that would kill commerce between the two neighbouring North American giants. Why? The U.S. federal authorities, in enforcement of their zero-tolerance stance against illegal drugs would search every person, vehicle, piece of luggage, container, ship or plane entering the U.S. from Canada.
Similarly, persons, luggage, ships and planes from Jamaica would be similarly treated if allowed to enter the USA at all.P>
