The rolling back of custodial sentences for the possession of small amounts of marijuana is still very much on the Government’s agenda, with Attorney General Anil Nandlall confident that this could be implemented this year.
In an interview on Wednesday, Nandlall gave an update on efforts to remove custodial sentences for possession of small amounts of marijuana. This issue has ignited calls in various sections of society for the removal of these sentences.
According to Nandlall, the Parliamentary Special Select Committee examining the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill 2021 would, at any moment now, be inviting the public to submit their views on the issue.
“As you know, that bill that seeks to remove custodial sentences was sent by the National Assembly. I am Chairman of that committee. That committee met in January of this year, and has decided that it will invite submissions from members of the public in relation to the bill before the committee,” Nandlall said.
“The committee has instructed the clerk of the committee to publish those invitations in the newspapers and other platforms of the media. Those public notifications are supposed to be out any time now, and we’ll be receiving those submissions within the time specified in those notifications.
“And then we’re having another meeting in (early) March, when we will be reviewing the submissions received.”
The Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill 2021 was tabled in the National Assembly last year. Asked if the removal of custodial sentences is likely to be completed this year, the AG was of the view that this could be achieved.
“Certainly! The intention of the committee is to proceed with expediency. It is not a complicated exercise. I don’t anticipate any opposition in terms of the concept of removing custodial sentences from small quantities,” he said.
“Where I believe the disagreement lies, which I believe we will have to find a compromise on, is what constitutes that small quantity. And I suppose, in lieu of custodial sentences, what would be the appropriate sentence, if any, to be agreed upon. But I believe all the parties in the house are unanimously of the view that there should be a removal of custodial sentences,” Nandlall added.
Under the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill, possession of 15 grams or less of cannabis is an offence of simple possession. An amount over 15 grams but no more than 30 grams would attract the penalty of community service. This includes employment in public work under the Extra-Mural Work Act for a maximum of six months.
Currently, possession of 15 grams or more could attract a trafficking charge with a prison sentence of three to five years, and a fine of no less than $30,000, or three times the market value of the drug.
The Bill also increases the quantity of cannabis that would automatically attract a trafficking charge from 15 grams to more than 30 grams. Further, it removes the fine and prison term for smoking, inhaling, sniffing, or otherwise using cannabis; or for being found in a place used for that purpose; or being the owner, occupier, or concerned in the management of any place used for the preparation of cannabis for that purpose.
The amendments are meant to reduce the burden on the justice system, and also covers issues like recidivism and prison overcrowding. This would not only save the State money, but would also help to keep families together, and rebuild communities affected and disadvantaged by the incarceration of persons, especially youths.
