Attorney General and Minister of Legal Affairs Anil Nandlall is cautioning police officers against placing persons into the Police Station lock ups for the possession of marijuana weighing less than 30 grams.
“If the court cannot sentence you to a term of imprisonment, then the police cannot lock you up,” he said during his weekly ‘Issues in the News’ programme on Tuesday evening.
In 2022, the Government amended the Narcotic Drugs and Psychotropic Substances Bill to remove custodial sentences for the offence of possession of marijuana. Instead of jail time, persons nabbed with one to 15 grams of marijuana will undergo mandatory counselling.
Those nabbed with more than 15 grams of marijuana but no more than 30 grams of the drug are required to provide community service.
“If the offence doesn’t carry imprisonment when you are found guilty, then prior to being found guilty, you cannot be locked up. So the police officers are hereby advised that they are not to detain persons in the lockup for possession of marijuana below 30grams,” Nandlall added.
Once arrested, these persons can be placed on bail and given a date to return to court.
On Sunday, September 22, 2024, a driver, Cononiah Jupiter was arrested at Matthews Ridge, North West District, Region One with two bags containing leaves, seeds, and stems, along with two joints suspected to be cannabis. He indicated to the police that the substance was for his private use and that he used it as a medication.
He was taken to the Matthews Ridge Police Station where the marijuana was weighed and amounted to 4.2 grams.
According to a police report, the suspect was placed in custody and was assisting with the investigation.
