The Government of Guyana today blocked attempts made by the APNU+AFC opposition to decriminalizing the possession of narcotics 500grams and under.
It was APNU+AFC Member of Parliament, Sherod Duncan who tabled a motion for leave to be granted for the reading of the Narcotics Drugs And Psychotropic Substances (Control) (Amendment) Bill.
Duncan said that sentencing for possession of small amounts of marijuana is an issue affecting all sections of society. He said that several studies have shown that those who were incarcerated for a piece of plant ended up worse off. Duncan said that people are frustrated as they battle the effects of the pandemic and should be allowed to use the God given plant to help bring them some calm.
But the government’s position was that the bill was “wholly flawed”. The government also had strong objections to the proposed amount of 500 grams, a huge jump from the 15 grams specified in current legislation.
Attorney General, Anil Nandlall told the House that Duncan was wholly misguided to think he could table a bill on decriminalization of marijuana. Nandlall said that while private members are allowed to table bills, there are conditions. He said that in the very first place, the issue intended to be addressed has to be assessed. Nandlall said that topics that are of great public importance ought to be dealt with by the Government. Nandlall said that the legislation to remove custodial sentencing for possession of marijuana in small amounts is such an important matter that it simply cannot be the subject of a private member’s bill, it is inherently wrong.
Nandlall then pointed to the academic wrong committed in the plagiarism of Bill. The Bill was one previously taken to the House by another member. Duncan simply changed the possession ceiling and presented the bill in his name.
Noting that the government has drafted its own bill from scratch and presented it to the House, Nandlall said that alone, in principle, defeats the motion.
But perhaps one of the most damning points made by Nandlall is the carelessness that is reflected in the language of the Bill which can be interpreted as ignorance.
Nandlall said that the drafter of the bill seems to not understand the difference between decriminalization and legalization. But further to that, he noted that allowing the use of the broad term “narcotics” in fact would allow for the decriminalization of over 100 forms of narcotics as listed in the Act. He said that APNU+AFC, therefore, asked the house to allow possession of cocaine and other drugs.
Nandlall highlighted the need for consultation which he said was not done at all by the opposition. He said that out of necessity “we have to reject the motion.”
Minister of Culture Youth and Sport, Charles Ramson, in lending his voice to the debate, also noted that the proposed amount is unconscionable. He said that 500 grams account for over a pound. “You know how much weed you got to get to make over a pound?”
Ramson also noted that the proposed amount goes against the very gain of genuine intentions to avoid a person going to jail for possession of small quantities of marijuana. The Minister said that there are not many persons who have been sentenced for possession of marijuana who had such amounts.
Like Nandlall, Ramson highlighted the fact that there was no consultation for the bill.
Responding to Opposition MP Jermaine Figueira who said that Guyana is behind and needs to catch up with countries like Jamaica regarding decriminalization, Ramson noted that Jamaica has decriminalized 2 ounces which is nothing close to the 500grams the opposition wants to pass. He noted too that the consequences of Jamaica’s move are still being analyzed.
Minister Ramson told the House, “It would be irresponsible for us to have this wholesale change without any scientific research.” He implored his colleagues on the other side to try to understand that “this is not the time to play games with the lives of especially young people of this country.”
Defending the 500 grams, shadow Minister of Legal Affairs, Roysdale Forde said that many people may not try to access 500 grams or close to 500 grams “but we are making this the threshold.”
Forde noted that religious ceremonies performed by the Rastafarian community would sometimes necessitate amounts even greater than that specified. He said that even in Jamaica, the Rastafarian community continues to plead their case asking for a greater threshold.
Minister of Home Affairs, Robeson Benn told the House that no family, no community will be ok with people having more than one pound in their possession. He affirmed that only criminals would support that bill. He further stated that the person who took the bill to the house, Duncan, must have criminal and irrational impulses.
Deputy Speaker Lennox Shuman told the House that indigenous people have been using marijuana for spirituality for over 6000 years. He said that he would therefore want to support the decriminalization of marijuana when found in small possession but simply cannot support the number proposed by his colleagues on the opposition benches.
Leader of the AFC, Khemraj Ramjattan said that with the current setup of the system, “the rich people in this country get away with 500 grams or more but the poor man goes to jail.” He said that Duncan’s bill is trying to give the poor a chance.
Nevertheless, the government sounded a resounding no when the question was put. Subsequently, Nandlall asked the Speaker to allow the government’s version of the bill to be sent to a special select committee.
