Cannabis in the Bahamas

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Cannabis in the Bahamas is illegal recreationally, but legal for medical and religious use.

Contents

Law

On February 27, 1929, the government passed the Dangerous Drugs Act which dealt with drug offences in the Bahamas, including cannabis. [1]

In 1962, Act 26 amended the Act, providing a new definition of Indian hemp which, "includes all parts of the plant Cannabis Sativa whether growing or not from which the resin has not been extracted; the resin extracted from any part of such plant; and every compound, manufacture, salt derivative, mixture or preparation of such plant or resin". [1]

In 2023, the Dangerous Drugs Act was amended to remove the definition of "Indian Hemp" as well as any reference to "Indian Hemp". [2]

In the same year, the Cannabis Bill was enacted, which sets the framework for the regulation of growth, sale, consumption, and possession. The bill states that cannabis may be used legally for medicinal and religious purposes. [3]

Possession

Offence

Section 29(6) of the Dangerous Drugs Act deals with simple possession of cannabis:

Where any drug to which this Act applies is, without the proper authority, found in the possession of any person or stored or kept in a place other than a place prescribed for the storage or keeping of such drug, such person, or the occupier or owner of such place or the owner of or other person responsible for the keeping of such drug unless he can prove such drug was deposited there without his knowledge or consent, shall be guilty of an offence against this Act. [4]

Sentence

Anyone convicted of possession of cannabis, is liable:

on conviction on information:
a fine of $125,000.00 or imprisonment for 10 years, or both, pursuant to Section 29(2)(a) of the Act. [4]
on summary conviction,
a fine of $50,000.00 or imprisonment for 5 years, or both, pursuant to Section 29(2)(a) of the Act. [4]

Under Section 29(2) of the Act, the individual must also forfeit to the Crown all real or personal property in respect of which the offence was committed. [4]

Possession with intent to supply

Offence

Section 22(1) of the Dangerous Drugs Act states that, "It is an offence for a person to have a dangerous drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of the provisions of this Act. [4]

If a person is found with two or more packets containing cannabis, they will be presumed to be possessing that drug with the intent to supply it to others, unless they can prove the contrary under Section 22(3) of the Act. [4]

Sentence

Anyone convicted of possessing cannabis with the intent to supply it to another, is liable:

on conviction on information:
a fine of $500,000.00 or imprisonment for 30 years, or both, pursuant to Section 22(2)(a) of the Act. [4]
on summary conviction:
a fine of $250,000.00 or imprisonment for 5 years, or both, pursuant to Section 22(2)(b) of the Act. [4]

Anyone convicted on information to possessing cannabis with the intent to supply it to a child or young person, is liable:

on conviction on information:
a fine of $750,000.00 or imprisonment for 40 years, or both, pursuant to Section 22(4)(a) of the Act. [4]
on summary conviction:
a fine of $500,000.00 or imprisonment for 5 years, or both, pursuant to Section 22(4)(b) of the Act. [4]

Economy

The Bahamas role as a transit country for cannabis is noted as beginning in 1968, when 300 pounds of cannabis were flown from Jamaica to Bimini. [5] As recently as 2010 the country was noted as a midpoint for Jamaican cannabis being smuggled to the United States. [6]

Historically the Bahamas was a drug trafficking country, but not a drug producing one, until a 1991 seizure of 40,000 cannabis seedlings and 1,000 adult plants on Andros Island called that assumption into question. [7]

Present-day status

In January 2018, the Caribbean Community Regional Commission held a town hall meeting in Nassau on the issue of decriminalizing cannabis. [8]

CARICOM Regional Commission on Marijuana published a report recommending the declassification of marijuana as a dangerous drug in all legislation and the reclassification of the drug as a controlled substance, similarly to tobacco and alcohol. The report stated that the Bahamas could see a financial benefit of around $5 million from the legalization of the substance and regulation of its sale. [9]

The Bahamas National Commission on Marijuana has been tasked with exploring and making recommendations to the government on the issue of cannabis. It is expected to deliver its first draft to the government by August 2019, after receiving a three-month extension to present its findings. [9]

Related Research Articles

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits the production/manufacturing/cultivation, possession, sale, purchase, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. The bill was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985. The NDPS Act has since been amended four times — in 1988, 2001, 2014 and 2021. The Act extends to the whole of India and applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Cannabis in New Zealand</span>

The use of cannabis in New Zealand is regulated by the Misuse of Drugs Act 1975, which makes unauthorised possession of any amount of cannabis a crime. Cannabis is the fourth-most widely used recreational drug in New Zealand, after caffeine, alcohol and tobacco, and the most widely used illicit drug. In 2001 a household survey revealed that 13.4% of New Zealanders aged 15–64 used cannabis. This ranked as the ninth-highest cannabis consumption level in the world.

<span class="mw-page-title-main">Drug policy of Canada</span> Overview of the drug policy of Canada

Canada's drug regulations are measures of the Food and Drug Act and the Controlled Drugs and Substances Act. In relation to controlled and restricted drug products, the Controlled Drugs and Substances Act establishes eight schedules of drugs and new penalties for the possession, trafficking, exportation and production of controlled substances as defined by the Governor-in-Council. Drug policy of Canada has traditionally favoured punishment for the smallest of offences, but this convention was partially broken in 1996 with the passing of the Controlled Drugs and Substances Act.

<span class="mw-page-title-main">Cannabis in Australia</span>

Cannabis is a plant used in Australia for recreational, medicinal and industrial purposes. In 2022–23, 41% of Australians over the age of fourteen years had used cannabis in their lifetime and 11.5% had used cannabis in the last 12 months.

<span class="mw-page-title-main">Cannabis in Wisconsin</span>

Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.

<span class="mw-page-title-main">Cannabis in North Dakota</span>

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

<span class="mw-page-title-main">Cannabis in Texas</span>

Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.

<span class="mw-page-title-main">Cannabis in New York</span>

Cannabis in New York has been legal for medical purposes under New York law since 2016, and recreational purposes since 2021. As of 2022, recreational cannabis is for sale legally in the state, only through state-approved dispensaries.

<span class="mw-page-title-main">Cannabis in the Czech Republic</span>

In the Czech Republic, cannabis is not legal for recreational use, but personal possession has been decriminalized since 1 January 2010 and medical cannabis has been legal since 1 April 2013.

<span class="mw-page-title-main">Cannabis in Ireland</span>

Cannabis in Ireland is illegal for recreational purposes. Use for medical purposes requires case-by-case approval by the Minister for Health. A bill to legalise medical uses of cannabis passed second reading in Dáil Éireann in December 2016, but was rejected by the Oireachtas Health Committee in 2017.

The use of cannabis in Belize is common and largely tolerated; however, possession can result in fines or imprisonment. Possession or use of 10 grams or less on private premises was decriminalized in November 2017.

Cannabis in Latvia is illegal for recreational and medical purposes, but production of industrial hemp is permitted.

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Cannabis is illegal in Malaysia, although there are talks to make exceptions for medical purposes. Recreational use of cannabis is illegal under Malaysian laws, while the use of cannabis for medical, experimental, educational and research purposes are subjected to the authorization of Minister of Health, and may only be carried out by a public officer.

<span class="mw-page-title-main">Cannabis in Sri Lanka</span>

Cannabis in Sri Lanka is legally sold through Ayurveda herbal shops, and can be used for medical and scientific purposes if given a license by the Ministry of Health. For recreational usage cannabis is not legal. However, cannabis plays a major role in the traditional culture of the island, with the specific Sinhalese or Sanskrit names virapati (“hero-leaved”), capta (“light-hearted”), ananda (“bliss”), trilok kamaya and harshini indicating its various properties, such as inducing euphoria and heightening sexual energy.

The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.

<span class="mw-page-title-main">Legal history of cannabis in Canada</span>

The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.

Cannabis in Antigua and Barbuda is illegal but decriminalized. The islands are not a major producer of cannabis, and instead import the drug from Jamaica and Saint Vincent and the Grenadines.

Cannabis is illegal in the Turks and Caicos Islands. Although the islands are a British Overseas Territory and their legal system is based on English common law, the islands are a separate legal jurisdiction to the United Kingdom and have their own laws.

<span class="mw-page-title-main">Cannabis in the Marshall Islands</span>

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References

  1. 1 2 Fraser, H. Aubrey (September 1974). "The Law and Cannabis in the West Indies". Social and Economic Studies. 23 (3): 361–385. JSTOR   27861515. PMID   11633182.
  2. ↑ DANGEROUS DRUGS (AMENDMENT) BILL, 2023
  3. ↑ CANNABIS BILL, 2023
  4. 1 2 3 4 5 6 7 8 9 10 "Dangerous Drugs Act" (PDF). laws.bahamas.gov. Government of Bahamas. Retrieved May 5, 2019.
  5. ↑ Perry Mars; Alma H. Young (2004). Caribbean Labor and Politics: Legacies of Cheddi Jagan and Michael Manley. Wayne State University Press. pp. 207–. ISBN   978-0-8143-3211-5.
  6. ↑ William R. Brownfield (May 2011). International Narcotics Control Strategy Report: Volume I: Drug and Chemical Control. DIANE Publishing. pp. 248–. ISBN   978-1-4379-8272-5.
  7. ↑ Humberto Garcia Muniz; Jorge Rodriguez Beruff (27 July 2016). Security Problems and Policies in the Post-Cold War Caribbean. Springer. pp. 182–. ISBN   978-1-349-24493-5.
  8. ↑ Major, Brian (January 10, 2018). "Bahamas Explores Marijuana Decriminalization". TravelPulse .
  9. 1 2 "Marijuana commission given three-month extension". thenassauguardian.com. The Nassau Guardian. May 2, 2019. Retrieved May 5, 2019.
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