Latest update April 18th, 2024 12:59 AM
May 20, 2017 News
Despite calls to the government to amend laws concerning sentencing for marijuana related issues, it is the belief of the state that such an issue is the remit of the judiciary.
According to Minister of State, Joseph Harmon, the question of sentencing is a matter for the judiciary to consider. He was asked on Thursday at the post cabinet press conference to offer an update on government’s possession on the decriminalisation of possessing small amounts of marijuana.
He said that there are laws that govern the matter, and that his government believes it is a matter to engage the judiciary. Harmon indicated that it is one of the issues that had been raised following the last prison riot at Camp Street Prisons, Georgetown in March 2016.
He said that this was raised during engagements between the Judicial and Executive arms of Government. According to the Minister, the judiciary had agreed to address the matter and that is as far as it has gone to date.
There have been continued calls from various sections of the Guyanese society for amendments to be made to the law concerning sentencing for matters of marijuana possession.
Currently, there is a motion tabled in the National Assembly by Alliance for Change parliamentarian, Michael Carrington. The MP’s motion seeks to amend the Narcotics Drug and Psychotropic Substances (Control) Amendment Bill 2015 – No. 17 of 2015.
Harmon unequivocally said that the matter of decriminalising the possession of marijuana is not a matter which is engaging the immediate attention of his government.
Carrington had explained that his Bill intends to remove the sentencing for three to five years in prison for a joint of cannabis or small quantity for personal use. He claimed the Bill has nothing to do with legalising cannabis.
The MP said that it is a fact that thousands in Guyana were sentenced to jail for three years or more because of smoking a joint, or having small quantities of cannabis for personal use.
He said that it was the intention of the original laws to stop persons from smoking. The parliamentarian went further to say that criminalising marijuana or cannabis was part of a conspiracy of industrial moguls and politicians.
Following research, Carrington concluded that the negative effects of cannabis on users were minimal when compared to the benefits. He proposed that instead of jail time, there can be a fine.
According to the MP, the amendments in his Bill will remove the jail sentences for the possession of small quantities of narcotics but leave in place a fine. He has proposed that the amount which can a person can legally possess be increased from 15 grams to 55 grams.
Further, amendments, if passed, will prevent persons from being sentenced for one year for smoking or possession of smoking utensils. However, the fines will still be in place.
Back in 2014, the Guyana Human Rights Association called for either the decriminalisation of marijuana or a revision of the sentencing policy. The Association, in making its case, had referred to a November 2013 case whereby a woman was sentenced to 12 years imprisonment and fined $120,000 on four charges for possession and trafficking of 2.8 grams of cannabis and one gram of cocaine.
The GHRA said that after reviewing sentences three years prior, several discrepancies were highlighted.
The human rights body said that a New Amsterdam man was imprisoned for five years and fined $4.9M for possession of 1.8 grams of cannabis while a woman received 18 months and $30,000 fine for trafficking 150 grams of cannabis and eight grams of cocaine.
The GHRA said that the incoherent and unfair manner in which the law is currently applied must surely be a matter of universal discomfort.
JAGDEO ADDING MORE DANGER TO GUYANA AND THE REGION
Apr 18, 2024
SportsMax – West Indies captain Hayley Matthews has been named Wisden’s leading Twenty20 Cricketer for 2023, as she topped all and sundry, including her male counterparts. Alan Gardner looks...Kaieteur News – Compliments of the Ministry of Education, our secondary school children are being treated to a stage... more
By Sir Ronald Sanders Waterfalls Magazine – On April 10, the Permanent Council of the Organization of American States... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]