NOT A FREE-FOR-ALL

EXPECT no free-for-all at Monday’s decriminalisation of cannabis for personal use, warned Attorney General Faris Al-Rawi.

At a briefing at his office on Friday, he said the police would be closely monitoring it all to ensure cannabis smokers stayed within the law, such as not smoking in a public place nor near children.

The AG said President Paula-Mae Weekes had just given assent to the Drug Decriminalisation (Amendment) Bill 2019 which she will proclaim on Monday.

Anyone with a charge or conviction for under 100 grammes of cannabis or 14 grammes of resin can benefit from the new bill. The AG stated the allowed amounts.

He said it would be lawful to possess up to 30 grammes of cannabis, the weight of three packs of 20 tobacco cigarettes, or an equal amount of resin. Higher amounts will incur a mix of spot fines, court fines and/or community service.

Al-Rawi said the Government Printery is now printing 10,000 booklets of penalty forms.

“So the police are ready for use. The police will do a very aggressive exercise of monitoring and awareness.”

Al-Rawi said the police would monitor the use of cannabis, drunk driving and drugs such as ketamine, meta-amphetamine and LSD.

“The police service is on high alert to protect our citizens.”

He said being under the influence of alcohol or drugs when driving would still incur a $12,500 fine and three years jail (first offence) and a $25,000 fine and five years jail (second offence) under the Motor Vehicle and Road Traffic Act.

Al-Rawi said, in prison, there were 90 people convicted for possession, of whom 70 qualify for release under the bill. Likewise, out of 38 people in remand, some 17 can potentially be discharged.

He added, “There are 14 children at children’s rehabilitation centres within the application of the laws.”

Al-Rawi said it made no sense for someone who couldn't pay a $1,000 fine to be housed in jail three months at a cost of $75,000 to the State.

“It is insane these laws were in operation so long.”

Al-Rawi said on Monday his attorney would engage the court to help disaggregate data to see who could benefit from the new law. Seeing it all as "a social justice issue," he urged all to get on a serious footing. He said a total of 101 adults and children were in the judicial system for cannabis possession.

The AG said the review of cannabis convictions would not be capricious yet done with alacrity.

“We expect to be in court on Monday,” he promised, saying it was a great but very unusual step for the State to take. He said the move was supported by the Chief Justice, Police Commissioner and Prisons Commissioner.

Al-Rawi said all courts are now compiling records to review the cannabis cases on people on remand and under conviction.

He said reviews won’t be done by a quick calculation on the back of an envelope. Otherwise, he said the Privy Council in the “Lendore” case said each person convicted for cannabis must seek his own pardon which the President could not give en masse.

Answering a question, the AG said the police would use a basic field sobriety test similar to having drunk-driving suspects walk a straight line while drug-testing devices would be obtained in future. The Ministries of Health and Education will undertake very aggressive public campaign of awareness.

While the joint select committee regulating the cannabis industry starts in January, decriminalisation will go ahead, as he said the horse must not starve “while the grass is growing.”

On a personal note, he decried a tendency “to label everything one per cent,” and said while his wife’s relative runs a clothing line named the WI Cannabis Co, her other relative runs a newspaper which had chided the first relative.

Otherwise he saw the decriminalisation as undermining the profits of criminal gangs.

“This is an attack against crime and gang activity.”

Saying TT once used to tax cannabis, he saw no reason to not resume such. However, asked if a tourist could bring in 30 grammes at Piarco Airport, he said that was still prohibited by the Customs Act.

The AG hailed Senator Paul Richards for ensuring rehabilitation for cannabis-using children beyond just the fortnight now set down in law.