How to avoid getting arrested for marijuana

File photo
File photo

As amendments to the Dangerous Drugs Act have come into effect decriminalising the use of marijuana, the police service has reminded people of what is legal and what is not.

Staying out of jail is as simple as following the law.

These guidelines could keep marijuana users out of jail.

What's legal:

  • You can smoke cannabis, and have less than 30 grammes
  • File photo
  • You can have four growing cannabis plants

PC Daniel Wilson leaves San Fernando Magistrates court with marijuana plant. File photo

  • You can have less than five grammes of cannabis resin

What's against the law:

  • You are not allowed to have more than 30 grammes of cannabis or more than five grams of cannabis resin. This will leave you with a $50,000 fine.

150 blocks of marijuana found on Monday night in an SUV at Siparia. File photo

  • You are prohibited from cultivating or having more than four growing cannabis plants.

PC Sujeet Ramcharan and other officers found 20 containers with marijuana plants next to UTT's campus in Corinth Hill, Ste Madeleine in January 2019

  • You are prohibited from using or smoking cannabis in a public place. That will earn you a $50,000 fine.
  • You are prohibited from having cannabis while on a school bus, near a school or where children attend or participate in sports.

Reform/Manahambre councillor Chris Hosein accompanies police who uprooted marijuana plants at the incomplete Reform Hindu primary school in Gasparillo in June.

  • You are prohibited from operating or being in physical control of a motor vehicle

Section 5 of the Act reads:

(f) a person who has in his possession more than: -

i. thirty grammes of cannabis; or

ii. five grammes of cannabis resin;

(g) a person who cultivates or has in his possession more than four growing plants of the genus cannabis, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars.

• Under Section 5A (1) A person who smokes or uses cannabis or cannabis resin in a public place commits an offence and is liable, on summary conviction, to a fine of two hundred and fifty thousand dollars, and to imprisonment for five years.

Under Section 5A (2) An owner of, or any person who has the sole or shared responsibility for managing, supervising, or regulating the use of, a public place shall ensure that any person who smokes or uses cannabis or cannabis resin in that public place cease and desist from such smoking or use and may remove or evict that person from the public place.

Section 5B (2) states “where a police officer has reason to believe that a person is committing or has committed an offence under Section 5(2A), he shall issue to the person a fixed penalty notice charging him with the commission of such offence, and requiring him to either pay the fixed penalty within the time specified in the fixed penalty notice.

Section 5C states that a person who:

(a) Whilst under the influence of cannabis does anything which constitutes negligence, professional malpractice or professional conduct; (b) Has cannabis or cannabis resin in his possession-

i. On a school bus; or

ii. In or any premises where children are present for the purpose of

education or attending or participating in any sporting activity or;

iii. Operates, navigates, or is in actual physical control of any motor vehicle, aircraft, or ship while under the influence of cannabis,

Commits an offence and is liable on summary conviction to a fine of two hundred and fifty thousand dollars and to imprisonment for five years.

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"How to avoid getting arrested for marijuana"

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