EXPECT HICCUPS

NOW THAT possession of up to 30 grammes of marijuana is legal, police officers expect they may now face a new set of challenges while out on the field in trying to find out whether someone is breaking the law by exceeding the legal limit.

Newsday spoke to senior officers who said the law was passed without police in mind as officers on the field will have to verify whether someone with marijuana is in possession of an illegal quantity of the drug.

Speaking on the matter at a handing over ceremony at the St Joseph Police Station on Sunday, Police Commissioner Gary Griffith said he anticipates some challenges in terms of detection and arrests now that the legislation has been passed, but said the police must show some flexibility as it is still new.

Griffith also warned the public that while the drug has been decriminalised, it should be used responsibly.

“It is not a case where anyone can smoke what they want, how much they want or where they want. That is not the case, we have to pump up a major campaign to get the public to understand what they can do, what is within the law and what it is they cannot do.

“I’m being honest there will obviously be some shortcomings as we go forward, but anything with change, there will be hiccups. What I am doing as the Commissioner of Police, the public will be made aware shortly. We will be pumping a massive public awareness campaign, explaining to the public the do’s and the don’ts.”

One senior officer said if someone suspected of having marijuana that was over the legal limit, they would have to be detained and the drugs tested to verify if it amounted to more than 30 grammes. This process, he said, could open officers to legal redress from the public.

“The issue we are having is that no systems were put in place for the police in mind, because we are out on patrol, if we arrest someone with marijuana we won’t know if it crosses 30 grammes, so we will have to either average the amount or walk with a scale.

“If we arrest someone and keep them in custody pending the enquiry, the longer you keep someone in custody, they can claim for damages. So there are grey areas that police aren’t really prepared for, but we will have to adjust all the same. If we arrest someone and it falls within the legal limit, they may come back and sue us.”

Newsday also spoke to another senior police officer in the Northern Division who said he did not anticipate many challenges as a result of the legislation and believed officers should be able to estimate what 30 grammes of marijuana felt like.

“It shouldn’t be an issue as far as I’m concerned.

“An officer on the field should at least have a general idea of what 30 grammes of marijuana looks and feels like. If they suspect someone has more than that well then they should take the person into custody.” The possession of marijuana is under Section 5(1) of the Dangerous Drugs Act Chapter 11:25 while possession with intent to traffic falls under Section 5(4) of the said Act.

Before the decriminalisation, the possession of marijuana was punishable with a fine of $25,000 and imprisonment for five years on summary conviction or a fine of $50,000 and to imprisonment for a term which shall not exceed ten years but which shall not be less than five years on conviction on indictment.

Section 6(A) of the amended Act states that anyone with more than 30 grammes, but not more than 60 grammes, of cannabis; or (B) more than five grammes, but not more than 10 grammes, of cannabis resin, commits an offence and is liable on summary conviction to a fine of $50,000.

Regarding the growing of four plants, the new law states that a person can cultivate or have in their possession not more than four growing plants of the genus cannabis which is found in section 6(2A).

Anyone found in possession of 30 to 60 grammes of marijuana in public can be ticketed by the police.

On Friday, President Paula-Mae Weekes proclaimed the legislation which takes effect from today.