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Parties clash over the PLP’s drug proposals

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Drug proposal: Senator Marc Daniels (left) speaks at a press conference flanked by Shadow Public Safety Minister Michael Scott.

The Opposition is urging Government to speed up cannabis reform so that Bermudians convicted of possessing small amounts of the drug can finally avoid the “devastating consequences” of their habit.

And cannabis could be decriminalised later this summer if politicians support draft legislation unveiled by the Progressive Labour Party yesterday.

Under a proposed Misuse of Drugs Amendment Act 2014, which the PLP aims to table in the upcoming parliamentary session, possession of up to 20 grams of cannabis will be decriminalised.

Michael Dunkley however, pointing to the practical implications of such an act, called the PLP’s proposals “reckless and not thought through”.

“The average cannabis cigarette contains about half a gram of cannabis,” said the Minister of National Security. “If the PLP’s Bill became law, it would be legal for someone to possess 40 joints. This is outrageous and I refuse to believe that this is supported by the people of Bermuda.

“For collaboration to be useful it must make sense and be reflective of reality and best practice. This is no more than pandering by the Opposition and it fails both tests from the outset.”

Last month Government set up a task force to examine the advantages and disadvantages of loosening cannabis laws, and has called for a national debate on decriminalising the drug.

But at yesterday’s press conference, PLP Senator Marc Daniels said there had already been much discussion supporting decriminalisation for possession of small amounts — and that Government needed to act “with the urgency of now”.

“Bermudians, residents and guest visitors alike, who have been caught with small amounts of cannabis, have suffered life altering and devastating consequences for far too long,” Sen Daniels, a criminal defence lawyer, said.

“Bermudians have been prohibited from travelling to the United States and Canada, we have had our reputations smeared and job prospects shattered due to convictions for simple possession of cannabis.

“While we welcome the OBA for taking the lead in creating an island wide discussion with town hall meetings and presentations to come, we feel that such discussions should be limited to the aspects of legalisation and/or regulation, and that decisions concerning decriminalisation, or de-penalising small amounts of cannabis, should take place with immediate effect as there is an overwhelming level of support for such initiatives based on the feedback we have heard within our community that reflects the sentiment and contemporary mindset of our people today.”

Under the Opposition’s proposals possession of up to 20 grams of cannabis will be decriminalised. It is proposed that the Bill could come into law on June 30 this year.

“If the Government in its wisdom feels that a lesser amount should be applied, we would be willing to discuss and if need be, debate and amend this issue at a later stage,” Sen Daniels said

In a similar move last November, the PLP attempted to table a Bill abolishing conscription. But the initiative was kept under wraps until the last moment and was blocked by Government which claimed it needed more time to examine how the practice could be phased out.

“Based on the OBA’s approach to the conscription Bill, we considered it necessary to take a different approach and afford the Government more time to reflect on our proposed amendments,” Sen Daniels said.

“Therefore, in an effort to avoid such confrontation going forward, we have sought to advance our proposed amendments to the Misuse of Drugs Act in an effort to work with the OBA Government so that they may review this draft Bill critically on its merits; and where possible, provide further amendments, if necessary, to ensure that the Bill represents the voice of the majority of our community.”

In response to Mr Daniels comments, Mr Dunkley said introducing a Bill that had not public input, and did not meet several Government aims was ‘simply irresponsible’.

“The people of Bermuda will recall that one of our principal objectives in the whole debate around cannabis is to eliminate the restrictions on travel to the United States that can result from a conviction and also to ensure that the United States Government supports our approach to this issue,” said the Deputy Premier.

“To contemplate introducing a Bill that has not first achieved these aims is simply irresponsible. Secondly, every jurisdiction that has legalised cannabis has done so with detailed regulations dealing with critical issues like production, sale, supply and conditions of use. On its own this draft Bill is reckless because none of those things seems to have been considered.”

While acknowledging the change in social attitudes to cannabis use, worldwide, the Minister said no country had changed its laws ‘at the stroke of a pen’.

“This Government accepts the worldwide trend in this area of cannabis use both personally and for medical purposes but no country has embarked on a change to their laws at the stroke of a pen, but have followed a course similar to what we are doing: research, public debate and education, refining policies and procedures and ultimately legislation,” he said.

“To suggest that a Bill in this form, or any other, is the first step in this process is naive at best, and dangerous at worst. This Government has been very clear about our intentions and the process we are following.”