Cannabis in Jamaica

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A ganja farm in Westmoreland Parish, Jamaica Cannabis Ganja Farm (18272580718).jpg
A ganja farm in Westmoreland Parish, Jamaica

Cannabis in Jamaica is illegal, but possession of small amounts was reduced to a petty offence in 2015. Cannabis is locally known as ganja , and internationally cannabis consumption plays a prominent role in the nation's public image, being tied to cultural touchstones such as Rastafari and reggae music. [1] Ganja tourists have been welcomed in the 21st century.

Contents

History

Cannabis was introduced to Jamaica in the 1850s–1860s by import from licensed businesses often run by Jewish families in the Bengal region of India (also now Bangladesh/West Bengal) for consumption by indentured servants from India during British rule of both nations; many of the terms used in cannabis culture in Jamaica are based on Indian terms, including the term ganja. [2] [3] [4]

Prohibition

Cannabis – then called "Indian Hemp" – was banned in Jamaica under the 1913 Ganja Law, supported by the white elites and the Council of Evangelical Churches in Jamaica. [5] [6] The laws were gradually tightened over time, with academics noting that the harsh 1941 and 1961 restrictions occurred during periods where the authorities feared unrest in the lower classes. [7]

Commerce

While cannabis use had been customary in Jamaica for over a century, in the 1960s cannabis farmers began to take advantage of the growing demand in Europe and North America, leading to increased police enforcement, but also corruption of the security and political systems by the profits from international trafficking. [8]

Decriminalization

In February 2015, Jamaica's legislature voted to amend the nation's cannabis laws: [9]

Cannabis industry

In April 2015, Jamaica planted its first legal cannabis plant, at the University of the West Indies Mona campus. [11]

In March 2018, Balram Vaswani, a long-time advocate for the legalisation of marijuana, opened the first legal medical marijuana dispensary, Kaya Herbhouse, in Drax Hall, St. Ann. [12]

Heavy rains during the 2020 hurricane season, followed by a severe drought, an increase in consumption, and a decline in the number of retailers resulted in a marijuana shortage as of early 2021. [13]

As of 2021, the Jamaica Cannabis Licensing Authority authorized 29 cultivators and 73 transporters, processors, retailers and others. Marijuana was sold by legal retailers (called "herb houses") at about five to ten times the cost of cannabis sold illicitly on the street. [13]

See also

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The Ganja Law, or Dangerous Drugs (Amendment) Act 2015, was passed by Jamaica's Houses of Parliament in February 2015. The law went into effect on April 15, 2015, making possession of two ounces (57 g) or less of cannabis a "non-arrestable, ticketable offence, that attracts no criminal record". Jis.gov claims "It also puts in place, regulations for marijuana use by persons of the Rastafarian faith and for medical, therapeutic and scientific purposes, including development of a legal industry for industrial hemp and medical marijuana." Earlier revisions of the laws were critiqued for being unduly harsh on citizens. A 1913 law passed to conform to the International Opium Convention unilaterally added cannabis, and was seen as "fear of the black population". For instance, the 1964 ganja law was considered to be punitive towards poor people, as were the 1963 and 1965 laws regarding flogging.

In Barbados, cannabis is illegal for recreational use, but is in high demand nonetheless. Cannabis is sourced from St. Vincent and Jamaica by local dealers who pool resources to buy consignments of the drug, transported by go-fast boats.

Cannabis in Saint Vincent and the Grenadines was prior known to be illegal but is now decriminalized up to 2 ounces. Persons caught with 56 grammes or less of the drug will not be subject to incarceration. Instead, they will be fined a maximum of $500 and be subject to other measures including begin given educational material about cannabis; counselling and rehabilitative care. These provisions were among several amendments that were made to the Drugs Amendment Act (2018), which was passed in Parliament on July 25. In addition to only being a ticketable offense, the amendment provides for Vincentians to smoke the herb in the privacy of their homes and in places of worship of the Rastafarian faith without punishment. The amendment also said that the Minister may designate a list of public areas where the smoking of cannabis may be allowed. The country has correlating legal medical marijuana laws. Parliament on December 11, 2018, passed two Acts, one which establishes a Medical Cannabis Industry in St Vincent and the Grenadines and the other which offers amnesty for traditional marijuana growers. The Vincentian Parliament passed legislation to protect the intellectual property of breeders of new plant varieties in St. Vincent and the Grenadines (SVG), the Plant Breeders’ Protection Bill, 2019. It sets up the jurisprudential framework within which these persons will be able to accrue the rights, how these rights will be protected, how they will be published so that persons in the entire society, in the court and globally, can be aware of the hard work which was done, the agriculture minister said. Under the law, a person must obtain the authorization of a grantee with respect to propagating material of the protected variety, to produce or reproduce, condition the material for the purpose of propagation, offer the material for sale, to sell the material, import or export the material, or stock the material for any of the previous purposes. Regarding infringement of plant breeders’ rights, the following acts are exempt: an act done privately for non-commercial purposes, an act done for experimental purposes, or an act done for the purpose of breeding other plant varieties. The law allows for compulsory licenses where a person may apply to the court for the grant of a compulsory license to exploit a protected variety in SVG. Subject to terms that the court thinks fit, the court may make an order for the grant of compulsory licenses if it is satisfied that the grant of the compulsory licenses is in the public interest. Offense under the law include falsification of register and falsely representing a plant variety as a protected variety. The law also orders the registrar to publish applications for plant breeders’ rights, proposed and approved denominations, withdrawals of application for plant breeders’ rights, the rejection of applications for plant breeders’ rights, any grant of a breeders’ right, any change in the breeder or the agent in respect of a plant variety, lapses of plant breeders’ rights, any invalidation or revocation of a plant breeder's rights, the licenses in relation to plant breeders’ rights, where applicable. Cannabis is widely grown illicitly on the island and is the nation's most valuable agricultural product. Saint Vincent is the most prolific producer of cannabis in the Caribbean, other than Jamaica.

References

  1. Veal, Michael (15 August 2013). Dub: Soundscapes and Shattered Songs in Jamaican Reggae. Wesleyan University Press. pp. 33–. ISBN   978-0-8195-7442-8.
  2. Issitt, Micah; Main, Carlyn (16 September 2014). Hidden Religion: The Greatest Mysteries and Symbols of the World's Religious Beliefs. ABC-CLIO. pp. 123–. ISBN   978-1-61069-478-0.
  3. Lee, Martin A. (14 August 2012). Smoke Signals: A Social History of Marijuana - Medical, Recreational and Scientific. Simon and Schuster. pp. 143–. ISBN   978-1-4391-0260-2.
  4. Kalunta-Crumpton, Anita (25 January 2012). Race, Ethnicity, Crime and Criminal Justice in the Americas. Palgrave Macmillan. pp. 219–. ISBN   978-0-230-35805-8.
  5. "The ganja law of 1913: 100 years of oppressive injustice - Columns". JamaicaObserver.com. 2 December 2013. Archived from the original on 25 July 2015. Retrieved 24 July 2015.
  6. Drug Abuse in the Caribbean: Report of the Drug Seminar Held in Trinidad, November 26-28, 1986. Bustamante Institute of Public and International Affairs. 1987. p. 43. they were used to justify criminalization of the drug in 1913 at the instigation of the Council of Evangelical...
  7. Klein, Axel; Day, Marcus; Harriott, Anthony (13 November 2004). Caribbean Drugs: From Criminalization to Harm Reduction. Zed Books. pp. 20–. ISBN   978-1-84277-499-1.
  8. Hamid, Ansley (1 January 2002). The Ganja Complex: Rastafari and Marijuana. Lexington Books. pp. 79–. ISBN   978-0-7391-0360-9.
  9. "Jamaica decriminalises marijuana". The Guardian . Associated Press. 25 February 2015. Retrieved 24 July 2015.
  10. "An Act to Amend the Criminal Records (Rehabilitation of Offenders) Act" (PDF). 2 October 2014. Retrieved 18 August 2020.
  11. "Jamaica just planted its first legal marijuana plant - Curaçao Chronicle". Curacaochronicle.com. 21 April 2015. Retrieved 4 February 2017.
  12. Vo, Kelly (23 April 2018). "Jamaica Opens Its First Cannabis Dispensary". Archived from the original on 9 November 2020. Retrieved 23 April 2018.
  13. 1 2 Hendricks, Sharlene; Coto, Danica (5 February 2021). "Jamaica faces marijuana shortage as farmers struggle". Associated Press.

Further reading