Research Project- Legalization of Marijuana in Barbados

The legalization of Marijuana in Barbados: An analysis of the

argument for possession for personal use and for medical

treatment.

Nadeeka Reece

“This Research Project is submitted in accordance with the requirements of the LLB (Hons) at Staffordshire University.”

August 2014

Table of Contents

1

Table of Statutes…………………………………………………………………3

Project………………………………………………………………………………….4

Introduction……………………………………………………………...4

Literature Review………………………………………………………………..5

Legislation………………………………………………………………….5

Historical Use and Cultivation- Part 1……………………….9

Historical Use and Cultivation- Part 2……………………….10

Marijuana- Pros and Cons…………………………………………….......12

Race to Legalization…………………………………………………………….13

Advancement in Marijuana Law in the Caribbean………………17

Conclusion…………………………………………………………………………….19

Bibliography………………………………………………………………………….20

Table of Statutes

2

Barbados Statutes

Drug Abuse (Prevention and Control) Act 1990

Offences Against the Person Act 1994

US statutes

Controlled Substances Act 1970

The Marijuana Tax Act 1937

Project

Introduction

3

There is great international debate about one of the most commonly used

natural illegal drugs, Marijuana. Should countries decriminalise it for

personal use in small quantities? Take an even bolder step and legalize it

for personal and more importantly medical use? Or simply remain

steadfast in classing it as an illegal drug and its use and cultivation

continue to be a criminal offence? It is the intention of this essay to

engage in discourse in support of the idea that legalization of Marijuana in

Barbados specifically may be overall more beneficial to the island from

social, economic and political perspectives.

The literature review will firstly look at the current legislation in place that

prohibits marijuana’s use, possession and cultivation to determine if the

law is in fact draconian and in need review and change as contended by

Barbados’ Attorney General Adriel Brathwaite speaking at a National drug

council meeting.1 A historical review of Marijuana use and cultivation in

the wider Caribbean space and the world will be explored. The use of

newspaper articles (Nation Newspaper, Miami Herald and others) and

websites will be used to advance the discussion as it relates to the

Caribbean. Additionally academic opinion will be used to engage in critical

analysis about the pros and cons of Marijuana use and the rationale for

legalizing it, using primarily the United States as a case study. Countries

that have legalized it to date and their experiences will be explored and

how they could best serve as a model for Barbados going forward.

Ultimately the essay is seeking to show that given the long standing laws

in Barbados for an illegal substance Marijuana is used by citizens so

commonly that the law prohibiting it appears to not be a deterrent, as

1 William Breathes ‘Barbados Attorney General wants Ganja laws reviewed’ (Voice Media Group Inc., Tuesday, March 19th 2013)

<http://www.tokeofthetown.com/2013/03/barbados_attorney_general_wants_ganja_laws_reviewe.php> accessed 8th August 2014

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evidence that Barbados’ policies are failing2 and a similar situation is

replicated across the Caribbean.

Literature Review

Legislation

Writing for the Miami Herald, Jaqueline Charles quoted Wendell Abel a

professor in psychiatry at the University of the West Indies Mona Campus,

who has studied the Marijuana issue in the region for the past 20 years

saying:

“Jamaica has had some of the harshest legislation in the world in terms of marijuana use

and the harsh legislation has never served to decrease use in the country”3

Similarly in Barbados the Attorney General made the comment that like

many Caribbean nations, marijuana rides a strange line between being

completely intolerant by the police, yet socially acceptable by most of

society.4

Barbados’ judicial system is heavily overburdened with cases for small

possession and the prison is filled with inmates for drug related crimes

that could be lessened with legalization and a regulatory framework in

place to control marijuana use, cultivation and trade. These sentiments

were echoed in Charles’ article by Junior ‘Spirit’ Cottle a self-proclaimed

Vincentian advocate for the ‘Ganja’ (Marijuana) man in St. Vincent, who

supports decriminalization saying “too many of our youths (young

persons) are ending up in prisons and become criminals because it is not



3 Jaqueline Charles ‘Caribbean countries consider loosening marijuana laws’ (Miami Herald 29th March 2014) http://www.miamiherald.com/2014/03/29/4027701_caribbean-countries-consider-loosening.html accessed 9th August 2014



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decriminalized.”5 Barbados faces a similar situation with its youth, on

March 19th 2013 at the opening of the National Drug Council meeting the

Attorney General Mr. Brathwaite pointed out that he sees an increase in

the country’s marijuana use, particularly by young people stating “Now it

is not just the boys on the block [smoking marijuana] but the girls on the

block too… If you go to football games across Barbados it is almost the

norm. There was a time when boys used to hide but now boys and girls

are openly smoking”6

In accordance with the United Nations Convention against Illicit traffic in

Narcotic drugs and Psychotropic substances (1988) which required

countries in summary to institute measures to establish criminal offences

under their domestic law when committed intentionally the production,

manufacture…offering for sale…importation and exportation of any

narcotic substance or psychotropic substance… all Caribbean territories

complied.7

On the 19th of August the Drug Abuse (Prevention and Control) Act 1990

came into effect, in order to make new provision with respect to the

control of narcotic drugs, psychotropic substances and others known to be

used in the manufacture of narcotic and psychotropic drugs.8 Part II of the

Act relates to restrictions to controlled drugs inclusive of importation and

exportation, production and supply, possession, handling, misuse and

cultivation of cannabis and the coca plant.9

S 3 (1) states: In this Act the expression ‘controlled drug’ means (i) any

narcotic drug for the time being listed in part I of the first schedule…10

under that section is listed cannabis (Indian Hemp) and Cannabis Resin

5 Jaqueline Charles ‘Caribbean countries consider loosening marijuana laws’ (Miami Herald 29th March 2014) http://www.miamiherald.com/2014/03/29/4027701_caribbean-countries-consider-loosening.html accessed 9th August 2014

6 William Breathes ‘Barbados Attorney General wants Ganja laws reviewed’ (Voice Media Group Inc., Tuesday, March 19th 2013) <http://www.tokeofthetown.com/2013/03/barbados_attorney_general_wants_ganja_laws_reviewe.php> accessed 8th August 2014

7 Caribbean Drugs: From Criminalization to Harm8 Drug Abuse (Prevention and Control) Act 19909 Drug Abuse (Prevention and Control) Act 199010 s 3 (1)Drug Abuse (Prevention and Control Act 1990

6



(Resin of Indian Hemp) what in this essay is referred to as marijuana. The

second schedule defines the trafficable quantity as 15 grams for cannabis

or 0.529 oz. an amount small enough to fit in a person’s pocket.11 If found

with at least this quantity one is presumed to be in possession with intent

to supply; which is an indictable offence and the burden of proof lies with

the defendant.12 In Caribbean Drugs: From Criminalization to Harm

Reduction a book edited by Axel Klein, Marcus Day and Anthony Harriot, it

was stated that in the common wealth Caribbean indigents caught with a

‘spliff’ (marijuana joint) are often unable to post bail and subsequently

held in pre-trial detention for up to a year.13 A similar situation occurs with

the youth unless their parents are financially in a position to or willing to

post bail on their behalf. The text goes on to contend that “Imprisonment

has increased the stigmatization and marginalization of drug users, many

of whom need treatment but instead are criminalized by contact and

association with others who have committed serious offences…they rarely

receive treatment, but are often able to obtain drugs in prison and

subsequently increase their dependency”14 If Marijuana was legalized for

personal use this situation would cease to occur as possession of that

small quantity would be decriminalised.

The Act creates 31 offences from Section 4(3) of the Act trough to Section

35 (3) of the Act that can be prosecuted summarily (less serious offences

tried before a magistrate’s court) or on indictment (more serious offences

tried before a judge and jury) with extremely harsh consequences. 15

Critical to note for most offences summary in nature the punishment is a

fine of BDs 250000 (≈ £73 500)16 or imprisonment for 5 years or both and

on indictment a fine BDs 500000 (≈ £147 000) or imprisonment for 20

years or both.17 Given that marijuana is a naturally growing plant, the

11 Drug Abuse (Prevention and Control) Act 199012 Wendy Singh, ‘Drugs and the Prison System, Impact of Legislative Changes on the Prison Crises in the Commonwealth Caribbean’ in Axel Klein, Marcus Day and Anthony Harriot (eds), Caribbean Drugs: From Criminalization to Harm Reduction (Zed Books 2004)

13 Ibid-10314 Ibid-10515 Drug Abuse (Prevention and Control) Act 199016 Exchange Rate used £1= BDs $3.417 Drug Abuse (Prevention and Control) Act 1990

7

penalties imposed for example S8 (2) of the Act, which states it shall not

be lawful for a person to misuse a controlled drug in contravention of

subsection 1 (cannabis).18 The penalty for which on summary is BDs

100000 or two years imprisonment or both. On indictment a fine of BDs

250000 or imprisonment for 5 years or both19 grossly outweighs the

penalties for offences created by the Offences Against the Person Act

1994 which s 44 Punishment for offences states: Subject to any express

provision of this Act, (a) a person convicted on indictment of an offence

against this Act is liable to imprisonment for a term of 10 years or to a fine

or to both; and (b) a person convicted summarily of an offence against

this Act is liable of imprisonment for a term of 2 years or a fine of BDs

2500 or both.20

Therefore unless specified regarding a specific criminal offence the afore

mentioned penalties apply so for example under the OAPA Act 1994, s 44

would be the penalty for the s21 offence of Exposing children whereby

their life is endanger, which states any person who unlawfully abandons or

exposes any child, being under the age of two years, whereby the life of

such child is endangered or the health of that child is or is likely to be

permanently injured, is guilty of an offence which is triable on indictment

or summarily.21 What is difficult to reconcile is the severity of the

punishment by contrast if found guilty contrary to S21 (2) Drug Abuse

(Prevention and Control) Act: Having possession of a controlled drug

(cannabis) in or within a radius of one hundred yards of a school premises

summarily is a fine of BDs250000 and imprisonment for 7 years and on

indictment imprisonment for life.22

Historical Use and Cultivation- Part 1

Cannabis Sativa possesses the remarkable ability to quickly grow in many

environments reaching heights of up to 20 feet. It is attacked by few

18 s 8 (2) Drug Abuse (Prevention and Control) Act 199019 s 8 (2) Drug Abuse (Prevention and Control) Act 199020 s 44 Offences Against the person Act 199421 s 21 Offences Against the person Act 199422 s 21 (2) Drug Abuse (Prevention and Control Act 1990

8

natural pests and is able to withstand most extremes in weather.23 There

are two varieties of the plant, the male which grows taller and is topped

with flowers covered with pollen and the female shorter with larger pollen-

catching flowers produces a seed (eaten by people in Iran)24 and protects

them with a sticky resin.25 Earleywine Mitchell in her book Understanding

Marijuana: A New Look at the Scientific Evidence advances that the

industrial (hemp), medical and recreational uses for the plant go back

thousands of years, contributing to its spread from Taiwan to the rest of

the world.

She contends that historically hemp unlike many other drug producing

plants provides dozens of products, which notably contain minimal

amounts of tetrahydrocannabinol (THC) which is the main psychoactive

ingredient in marijuana.26 In comparing industrial hemp and psychoactive

cannabis plants Mitchell cites (Kirk 1999) showing only .15% of THC

contained in industrial hemp versus the 2% in psychoactive cannabis.27

Hemp provides fibre, cloth, paper, and food in addition to soaps shampoos

and oils (oils* See Industrial Crops and Products, Volume 32, Issue 3,

November 2010, pages 329-337).

Hemp fibre (cannabis stalks) was historically cultivated to provide strong

rope for ship building and utilized by Greece, France, England Spain, Italy

and others. In the present modern era research is being conducted to

develop potential uses for industrial hemp. For example a research study

published in the Biomass and Bioenergy Volume 35, Issue 7, Pages 3040-

3049 examined “the energy yield of hemp (Cannabis Sativa L.) cultivated

for energy purposes…” The article identified that hemp was

predominantly historically grown for fibre production and hemp biomass

23 Earleywine M, Understanding Marijuana: A New Look at the Scientific Evidence (OUP, 2002

24 New Health Guide ‘ Where is Marijuana Legal’ (New Health Guide 14th August 2014) <http://www.newhealthguide.org/Where-Is-Marijuana-Legal.html > accessed 14th August 201425 Earleywine M, Understanding Marijuana: A New Look at the Scientific Evidence (OUP, 2002)26 Earleywine M, Understanding Marijuana: A New Look at the Scientific Evidence (OUP, 2002)27 Earleywine M, Understanding Marijuana: A New Look at the Scientific Evidence (OUP, 2002)

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was at the time of the article reportedly being used for energy purposes

by several countries including the US, Poland, Germany and Ireland.28

Given the myriad of uses for industrial hemp its cultivation in Barbados to

produce products for export could be argued is a viable option given the

country’s history as a mono crop sugar producing nation. Presently

production and economic revenue have steadily been declining and the

economy could benefit from the proposed diversification.

Historical Use and Cultivation- Part 2

Dr. Gerald McKenna, an esteemed practitioner in the field of Psychiatry

since completing his residency at the Massachusetts Mental Health

Center, Harvard Medical School in 1967, in his article ‘The Current Status

of Medical Marijuana in the United States’ for the Hawai’i Journal of

Medicine and Public Health 2014 provides a historic background to the use

of marijuana as his article in part engages in a review of the history of

laws in the US in the 20th century in order to provide context for the

current status of medical marijuana.29 Dr. McKenna identifies that

marijuana was used medicinally for thousands of years and quite possibly

longer, with the earliest recorded written reports coming from Chinese

writing circa 27th century BC.30 He also notes that up until the early 1940s

marijuana was found in more than 20 medications for a variety of ailments

in the US and was included in US Pharmacopoeia.31 According to Dr.

McKenna prior medical use of marijuana was in actuality restricted to

extracts of the cannabis plant with a combination of various other

ingredients which was advertised as a cure-all and none of those

medicines were smoked.32 Presently however most medical marijuana

users smoke the raw plant.

28 Thomas Prade, Sven-Erik Svensson, Allan Andersson, Jan Erik Mattson ‘Biomass and energy yield of industrial hemp grown for biogas and solid fuel’ (2011) Biomass and Bioenergy Vol 35, Issue 7, July 2011, pages 3040-3049 <http://www.sciencedirect.com/science/article/pii/S096195341100208X> accessed 15th August 2014

29 Gerald J McKenna ‘The Current status of Medical Marijuana in the United States’ 2014 Hawai’i Journal of Medicine & Public Health, April 2014,Vol 73,NO4

30 Ibid p.10631 Ibid p.10532 Ibid p.106

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The Marijuana Tax Act 1937 made it illegal to grow or distribute marijuana

unless the grower obtained a federal stamp which were unavailable to be

given as there was no application process thereby effectively outlawing

marijuana.33 Many years later the Controlled Substances Act 1970 placed

several mind-altering agents in Schedule I marijuana included, as a result

this has led to the limitation on the study of marijuana.34 Although these

laws were passed making marijuana use illegal persons in the US still

continued its use which ultimately led to the incarceration of many

citizens who could be classed as non-violent for drug related offences.35

This has been a great expense to taxpayers whilst having little effect on

marijuana’s use which is further discussed later in the essay. Dr. McKenna

is clearly of a similar view to Barbados’ Attorney General with regard to

the law as it relates to marijuana in the US as he states “looking back at

the laws passed here (US) and elsewhere to control drug use, one can

reasonably conclude that they have been ineffective.”36

Dr. McKenna is calling for the removal of marijuana from Schedule I to

allow research which would aid in the determination of medical

applications of marijuana extracts and development of acceptable

delivery methods other than smoking the raw plant.37

Marijuana- Pros and Cons

The laws in a significant number of countries have changed from the

completely negative stance prohibiting marijuana use from the 1930s,

primarily to decriminalize marijuana for personal use. Countries that have

made these changes include: Argentina, Australia, Belgium, Canada,

Columbia, Costa Rica, Czech Republic, Mexico and Switzerland. Marijuana

use is completely legal in Uruguay and North Korea whereas in the US it

remains illegal at the federal level but has been decriminalized and or

legalized across 23 states with laws varying from state to state.38

33 Ibid p.10534 Ibid p.10535 Ibid p.10536 Ibid p.10537 Ibid p.10738 New Health Guide ‘ Where is Marijuana Legal’ (New Health Guide 14th August 2014) <http://www.newhealthguide.org/Where-Is-Marijuana-Legal.html > accessed 14th August 2014

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Proponents of medical marijuana use contend that it can be utilized as a

safe an effective treatment for several medical conditions inclusive of: the

symptoms of cancer, Aids, multiple sclerosis, chronic pain, glaucoma and

epilepsy.39 Those opposing however argue that medical marijuana is too

dangerous to use, lacks FDA approval and the use of other legal drugs

eclipses the need to use marijuana. They also contend that marijuana is

highly addictive and by extension a ‘stepping stone’ drug (i.e. a drug that

leads to the use of harder drugs for example cocaine or heroin).

Additionally they argue marijuana use interferes with fertility and causes

injury to the lungs, immune system and brain. For them medical

marijuana is seen as a front for legalization for recreational use.40

One of the main driving forces for the proposed legalization of marijuana

is the continued poor economic outlook for Barbados after the further

downgraded of its bond rating from B3 to Ba3 by Moody.41 Which could be

improved with diversification from sugar cultivation to marijuana

cultivation to produce hemp products for exportation thereby generating

desperately needed foreign exchange, attracting foreign direct

investment and overall improvement in the international business and

tourism sectors. St. Vincent Foreign Minister Gonzales commented that

“Marijuana is the 21st century banana”42 that is to say a very valuable

commodity to be cultivated for export much like the thriving banana

industry that once was or for some other territories like Barbados the

sugar industry.

Race to legalization

In an editorial published on Tuesday 18th March 2014 by the Nation

Newspaper (Barbados) entitled ‘More than change of laws for use of 39Medical Marijuana Pro Con ‘Should Marijuana be a Medical Option’ (Medical Marijuana Pro Con 8th August 2014) <http://medicalmarijuana.procon.org/> 14th August 201440 Medical Marijuana Pro Con ‘Should Marijuana be a Medical Option’ (Medical Marijuana Pro Con 8th August 2014) <http://medicalmarijuana.procon.org/> 14th August 201441 Moody’s Investor Service (Moody’s 2nd June 2014)<www.moodys.com/research/Moodys-downgrades-Barbados-government-bond-rating-to-B3-from-Ba3--PR_299250> accessed 12th August 101442 Jaqueline Charles ‘Caribbean countries consider loosening marijuana laws’ (Miami Herald 29th March 2014) http://www.miamiherald.com/2014/03/29/4027701_caribbean-countries-consider-loosening.html accessed 9th August 2014

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medical marijuana’ news released following a two day meeting of Heads

of Government of the Caribbean Community was for the establishment of

a regional commission to consider and report on the now expanding

interest- beyond Caricom- in decriminalizing possession of small quantities

of marijuana, whether for health or recreational purposes.43

The article raised the critical point that the decision came on the heels of

widening initiatives in the United States to legalise the consumption of

marijuana and ponders if the decision by the Caribbean’s leaders is just a

the usual culture of mimicry that the Caribbean has developed over the

years of embracing what rich and powerful countries, America in

particular do or is it politically driven to satisfy constituents.44

Critical to note is that the article frontally addresses the issue that if

Caribbean governments are taking this path they should consider which

was previously contended by this essay changes in the existing harsh laws

under which young and first time offenders are presently incarcerated in

overcrowded prisons…45

Following this development in the Caribbean region New York Governor

Andrew Cuomo signed the medical marijuana bill into law on 7th July 2014

making New York the 23rd state to allow medical marijuana,46 which means

presently almost half of the American States saw it beneficial to changing

their laws and paves the way for the remaining states to follow suit.

Governor Cuomo stated “the legislation gets us the best that medical

marijuana has to offer in the most protected controlled way possible…”47

43 Nation Editorial: More than change of laws for use of medical marijuana’ (Nation Publishing 18th March 2014) <http://www.nationnews.com/articles/view/editorial-more-than-change-of-laws-for-use-of-medicinal-marijuana/ > accessed 29th June 2014 Tuesday March 18th 2014 published44 Nation Editorial: More than change of laws for use of medical marijuana’ (Nation Publishing 18th March 2014) <http://www.nationnews.com/articles/view/editorial-more-than-change-of-laws-for-use-of-medicinal-marijuana/ > accessed 29th June 2014 Tuesday March 18th 2014 published

45 Nation Editorial: More than change of laws for use of medical marijuana’ (Nation Publishing 18th March 2014) <http://www.nationnews.com/articles/view/editorial-more-than-change-of-laws-for-use-of-medicinal-marijuana/ > accessed 29th June 2014 Tuesday March 18th 2014 published

46 T G Branfalt Jr ‘New York governor signs medical marijuana bill into law’ (Reuters 7th July 2014) <https://news.yahoo.com/york-governor-signs-medical-marijuana-bill-law-200010657.html> 8th August 2014

47 T G Branfalt Jr ‘New York governor signs medical marijuana bill into law’ (Reuters 7th July 2014) <https://news.yahoo.com/york-governor-signs-medical-marijuana-bill-law-200010657.html> 8th August 2014

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Washington and Colorado however decriminalized the use of marijuana for

personal use in 2012 which could be argued is an even greater step and

more in line with what Barbados and other Caribbean territories would

need to pursue as the core issues with marijuana use stem from illicit

personal use by persons in society.

Writing an article for BBC news, Aleem Maqbool writes about what he calls

the Colorado ‘Green Rush’ since the state made history earlier this year

by becoming the first US state to sell marijuana legally.48 The legislation

has had a great economic effect and business boom with an influx of

business graduates and young entrepreneurs who have flooded into the

state. In Barbados many students are graduating from the local University

of the West Indies Cave Hill Campus with various degrees and limited job

options. The rate of unemployment amongst young people is extremely

high and with a struggling sugar industry and a prevalent illicit drug trade

it could be argued the time is optimal for relaxation of the laws.

The article stated more than 250 cannabis retail outlets have been

established in the city of Denver in just over 6 months. The Colorado

Department of Revenue posted total for all marijuana taxes, licenses and

fees USD 6,522,085 for the month of July 2014, USD 432, 237 was the

figure for the same month last year which showed an increase of USD

6,089,848 or 1408.9%.49 The Barbados government by contrast sees no

revenue from the marijuana trade they are fighting to eradicate but in fact

expend a great deal financially with regard to maintenance of prisoners

convicted of drug related crimes most of which are marijuana related. In a

study conducted by Johnathan Yearwood a Research and Information

Officer for the National Council on Substance Abuse in Barbados the

economic cost of inmates who committed drug related crime between

1996 to 2004 cost the Barbadian government for drug related sentences

48 Aleem Maqbool ‘Legal Marijuana: Colorado’s ‘Green Rush’ (BBC News, Denver 02 August2014) <http://www.bbc.co.uk/news/world-us-canada-28612396. accessed 10th August 201449 Colorado Department of Revenue ‘State of Colorado Marijuana Taxes, Licenses and Fees Transfer and Distribution’ (Colorado Department of Revenue August 2014) <http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1252023390016&ssbinary=true> accessed 11th August 2014

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approximately BDS 16,600,000.00 which is an obscene amount of tax

payers money.50 Sally Ramage in her article for the journal Criminal

Lawyer cited the fact that “the US has approximately one quarter of all

the world’s prison population primarily due to stringent drug laws as a

possible reason for the legalization of medicinal marijuana as it removes

the criminalization of marijuana use and its consequent punishment of

costly imprisonment…It has been confirmed that the US have spent

billions…in the fight against illicit drug use…a large portion…has been

spent on the past imprisonment of almost one million drug offenders.”51

Maqbool raises the issue that whilst it appears as though people are

enjoying this new found freedom and wide selection of marijuana treats

(edibles, brownies, drinks and chocolate bars) critics are cautioning that

the industry needs to be regulated.52

Kevin Sabet one of the national founders of a group called a Smart

Approach to Marijuana (an alliance of organizations and individuals

dedicated to a health first approach to marijuana policy) commented

saying “We are seeing in front of our eyes the creation of the next

tobacco industry”53 adding that “the idea of control is a mirage. The

industry is controlling what is happening”. The sale of tobacco is a billion

dollar industry for a product that the world knows is killing people.

However as human beings we all have the freedom of choice and millions

daily ignore the surgeon general warning that smoking kills on the

cigarette box and smoke cigarettes anyway which is legal. Many people

choose to illicitly smoke marijuana recreationally and it has yet to be

proven with the same long term detrimental health effects as cigarette

50 Jonathan M Yearwood ‘The Estimation of Costs Attributable to substance Abuse and Loss of Productivity for Inmates at Glendary Prison: Barbados’ (National Council on Substance Abuse, 2004) <http://www.ncsa.org.bb/images/stories/research/PrisonCost%20Study%202004.pdf> accessed 10th August 2014

51 Sally Ramage ‘Medical Marijuana is a very hot potato: controlled drug use- UK and US’ 2012 Criminal Law 2012, 21052 Aleem Maqbool ‘Legal Marijuana: Colorado’s ‘Green Rush’ (BBC News, Denver 02 August2014) <http://www.bbc.co.uk/news/world-us-canada-28612396. accessed 10th August 2014

53 Aleem Maqbool ‘Legal Marijuana: Colorado’s ‘Green Rush’ (BBC News, Denver 02 August2014) <http://www.bbc.co.uk/news/world-us-canada-28612396. accessed 10th August 2014

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smoking which legally claims the lives directly and indirectly of over

400,000 of people each year in the US alone.54 Dr Christopher Caldwell,

director of emergency medicine at Denver Health identified that since

legislation more people are seeking help from the hospital emergency

department for acute cannabis related illness, mostly arising from over

consumption of marijuana edibles. Critical to note is that patients recover

completely with time.55

Advancement in Marijuana Law in the Caribbean

Jamaica notorious for being synonymous with marijuana by virtue of the

prevalent religious Rastafarian movement on the island, via icon Bob

Marley known for his Reggae music who was known to openly smoke and

promote its use and by one of the most popular songs in support of

marijuana ‘legalize it’ by reggae artist Peter Tosh has created long

awaited and some may argue overdue history in the Caribbean. In an

article written in the Economist, the Jamaican government announced

plans on 13th June 2014 to allow possession of up to 2 oz. of marijuana

(which is significantly above the .529 oz. previously mentioned that

results in the indictable charge of possession with intent to supply) and

decriminalization of the marijuana for medical purposes56. The article

stated that the decision would cut the number of illicit smokes by one

million a week and essentially ease the mind of ‘Ganja’ puffing tourists. As

it relates to the tourism industry many tourists who visit the islands of the

Caribbean like to engage in recreational use of marijuana especially given

the superior natural quality of the strains grown in the region. Barbados’

54 Gerald J McKenna ‘The Current status of Medical Marijuana in the United States’ 2014 Hawai’i Journal of Medicine & Public Health, April 2014,Vol 73,NO4

55 Aleem Maqbool ‘Legal Marijuana: Colorado’s ‘Green Rush’ (BBC News, Denver 02 August2014) <http://www.bbc.co.uk/news/world-us-canada-28612396. accessed 10th August 2014

56 The Economist ‘Marijuana in Jamaica, Puff Peace’ (The Economist 13th June 2014)

<http://www.economist.com/blogs/americasview/2014/06/marijuana-jamaica> accessed 8th August 2014

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economy is predominantly reliant on tourism and with a relaxation in the

law as Jamaica is in the process of doing could mean those who visit the

island and seeking to engage in marijuana use can do so with a relaxed

mind and no fear of adverse consequences and by extension the millions

of persons who smoke illicitly could make Barbados their premier holiday

destination thereby increasing tourist arrivals, which would have a directly

positive effect on the presently stagnant economy.

Ganja (marijuana) has had a long history in Jamaica as far back as 19th

century Indian immigrants. Though cultivation and importation have been

illegal since 1913, the herb was once quite openly sold as a cure all with

early work on medical uses of marijuana being done in the 1970s and

80s.57 Key points of note in the ‘Puff Piece’ were that though in practice

small time Ganja users were not arrested or prosecuted in Jamaica. There

were dire consequences for those who were, primarily as a result of

having a criminal record the inability to secure a job.58 Ultimately

decriminalization would provide much need relief on the court system and

allow police officers to be able to more widely exercise their time. Though

the legislation would not affect the illegality of growing and trading in

large quantities of marijuana, the legislation would have a great effect on

the market and undermine the islands powerful criminal gangs.59







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Conclusion

This essay has sought to analyse an argument in support of the

legalization of marijuana for personal and medicinal treatment in

Barbados. It has engaged in an examination of the current legislation and

identified that it can be argued to be outdated and in need of reform. The

penalties imposed are extremely harsh given the crime and severely

impact first time non-violent offenders. Not only was this the situation in

Barbados but it was also identified United States as well as Jamaica and

St. Vincent. When compared to the Offences Against the Person Act 1994

the punishment for marijuana misuse appeared more severe in

comparison to what could be considered more culpable and morally wrong

offences under the OAPA 1994.

A historical review of cannabis use and cultivation was explored and it was

identified the remarkable growth rate and strength of the cannabis plant

as it relates to resistance to adverse weather conditions across the world.

The historical use of industrial hemp was highlighted and modern research

being done to identify and develop potential uses for it. Additionally via

the academic writing of Dr. McKenna the history leading to the illegality of

marijuana use in the US was established along with insight into its

medicinal uses at that time.

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The essay then continues with an analysis of the pros and cons of

marijuana use, noting those opposed focus on it being a mind altering

drug and consider it to have severe negative health repercussions as a

result of use. Whereas proponents views are the other side of that coin

and they argue the health benefits are remarkable.

Finally the essay discusses the current developments in relation to recent

steps to legalize marijuana use specifically in New York, Colorado and

Washington in addition to the progressive steps being taken in Jamaica.

Which gives insight into the fact that the law is being reviewed and the

potential benefits whilst providing an example for Barbados.

Bibliography

Books

Earleywine M, Understanding Marijuana: A New Look at the Scientific Evidence (OUP, 2002)

Wendy Singh, ‘Drugs and the Prison System, Impact of Legislative Changes on the Prison Crises in the Commonwealth Caribbean’ in Axel Klein, Marcus Day and Anthony Harriot (eds), Caribbean Drugs: From Criminalization to Harm Reduction (Zed Books 2004)

Online Journals

Gerald J McKenna ‘The Current status of Medical Marijuana in the United States’ 2014 Hawai’i Journal of Medicine & Public Health, April 2014,Vol 73,NO4

Sally Ramage ‘Medical Marijuana is a very hot potato: controlled drug use- UK and US’ 2012 Criminal Law 2012, 210

Thomas Prade, Sven-Erik Svensson, Allan Andersson, Jan Erik Mattson ‘Biomass and energy yield of industrial hemp grown for biogas and solid fuel’ (2011) Biomass and Bioenergy Vol 35, Issue 7, July 2011, pages 3040-3049 <http://www.sciencedirect.com/science/article/pii/S096195341100208X> accessed 15th August 2014

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Websites

Aleem Maqbool ‘Legal Marijuana: Colorado’s ‘Green Rush’ (BBC News, Denver 02 August2014) <http://www.bbc.co.uk/news/world-us-canada-28612396. accessed 10th August 2014

Nation ‘Editorial: More than change of laws for use of medical marijuana’ (Nation Publishing 18th March 2014) <http://www.nationnews.com/articles/view/editorial-more-than-change-of-laws-for-use-of-medicinal-marijuana/> accessed 29th June 2014 Tuesday March 18th 2014 published

Douglas A McIntyre ‘Colorado Collects 6.5 million in Taxes on Marijuana Sales’ (24/7 Wall St, 9 August 2014) <http://247wallst.com/banking-finance/2014/08/09/colorado-collects-6-5-million-in-taxes-on-marijuana-sales/> accessed 11th August 2014

Colorado Department of Revenue ‘State of Colorado Marijuana Taxes, Licenses and Fees Transfer and Distribution’ (Colorado Department of Revenue August 2014) <http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1252023390016&ssbinary=true> accessed 11th August 2014

William Breathes ‘Barbados Attorney General wants Ganja laws reviewed’ (Voice Media Group Inc., Tuesday, March 19th 2013)


Jonathan M Yearwood ‘The Estimation of Costs Attributable to substance Abuse and Loss of Productivity for Inmates at Glendary Prison: Barbados’ (National Council on Substance Abuse, 2004) <http://www.ncsa.org.bb/images/stories/research/PrisonCost%20Study%202004.pdf> accessed 10th August 2014

The Economist ‘Marijuana in Jamaica, Puff Peace’ (The Economist 13th

June2014 (<http://www.economist.com/blogs/americasview/2014/06/marijuana-jamaica> accessed 8th August 2014

T G Branfalt Jr ‘New York governor signs medical marijuana bill into law’ (Reuters 7th July 2014) <https://news.yahoo.com/york-governor-signs-medical-marijuana-bill-law-200010657.html> 8th August 2014

BBC News ‘Jamaica government announces major changes to drug laws’ (BBC 13th June 2014) <http://www.bbc.co.uk/news/world-latin-america-27827678> accessed 13th August 2014

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BBC News US & Canada ‘Washington ‘pot shop’ hit by shortage on first day of sales’ (BBC 8th July 2014) http://www.bbc.co.uk/news/world-us-canada-28214706 accessed 12th August 2014

Moody’s Investor Service (Moody’s 2nd June 2014) www.moodys.com/research/Moodys-downgrades-Barbados-government-bond-rating-to-B3-from-Ba3--PR_299250 accessed 12th August 2014

Jaqueline Charles ‘Caribbean countries consider loosening marijuana laws’ (Miami Herald 29th March 2014) http://www.miamiherald.com/2014/03/29/4027701_caribbean-countries-consider-loosening.html accessed 9th August 2014

New Health Guide ‘Where is Marijuana Legal’ (New Health Guide 14 th

August 2014) <http://www.newhealthguide.org/Where-Is-Marijuana-Legal.html > accessed 14th August 2014

Medical Marijuana Pro Con ‘Should Marijuana be a Medical Option’ (Medical Marijuana Pro Con 8th August 2014) <http://medicalmarijuana.procon.org/>14th August 2014

Research Directorate, Immigration and Refugee Board, Canada ‘Barbados: Current Reports of drug trafficking; activities of drug dealers and gangs involved in drug dealing; attitude and interventions of the state and police (Immigration and Refugee Board of Canada 12th December 2002) <http://www.refworld.org/docid/3f7d4d630.html> accessed 8th August 2014

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Documents

Research Project- Legalization of Marijuana in Barbados