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Cannabis rules confused, says lawyer

Windfall oportunity: Peter Sanderson, a human rights lawyer, said the draft cannabis legislation falls short of the mark (File photograph)

A lawyer called proposals to reform cannabis legislation “a dog’s breakfast” that required a significant rewrite.Peter Sanderson, a human rights lawyer, said yesterday that a move away from criminalisation was needed, but that the draft legislation fell short of the mark.Mr Sanderson explained: “It legalises the supply of cannabis, but appears to keep the use of cannabis illegal — in most cases. It is extremely badly drafted with various undefined terms, inconsistent use of terms, unclear language and general lack of thought as to consistency. “It appears to have been written solely for the benefit of people who seek to profit from the cannabis plant, and with absolutely no regard to people who wish to use cannabis.”He added that the legislation would “bizarrely” recriminalise hemp and make cultivation impossible in anywhere but a few areas. The draft legislation, posted online by the Ministry of Legal Affairs for public consultation last week, would not allow cultivation within a half-mile of any school or church.Licensed cannabis farms would also need a plot of land between a half-acre and an acre or, if indoors, a space between 300 and 800 square feet.Mr Sanderson said the rules were so limited, that they would give a “windfall opportunity” to a very small number of property owners.He added: “When you look at a map of Bermuda and figure out suitable sites, there are not many places that would be capable of receiving a licence for cultivation. “It is unclear why sites cannot be near a school or place of worship — the sites are required to be under heavy surveillance and, especially in the case of indoor cultivation, would not be visible from outside.”Mr Sanderson said the sale of cannabis would face similar problems as the proposal required cannabis shops to be more than a mile from churches or schools.Mr Sanderson explained: “Given the density of development in Bermuda, it is unclear what, if any, sites there might be for retail shops.”Mr Sanderson added: This restriction should be scrapped.”Mr Sanderson suggested that, along with loosened restrictions, the Government should introduce a process for public objections to help limit cannabis cultivation and sales.He said the draft should also be amended to require cannabis products to be labelled so the public would know what the THC — the active ingredient of the plant — and CBD, a non-psychoactive product, content was.Mr Sanderson argued in favour of cultivation for personal use and highlighted that the public could already grow “toxic or mind-altering” plants at home. He said: “There is no law against brewing your own beer, or growing your own tobacco leaves, so why should there be a law against growing your own cannabis plants, if cannabis is to become legal like beer or tobacco?”Mr Sanderson added one of the problems with the draft was that the “misuse” of cannabis would remain illegal and legal use would have strict limitations.He said: “In effect, what the Cannabis Act is doing is legalising the cannabis trade by allowing dealers to open shops and continuing to allow people to possess up to seven grams as before, but actual consumption of cannabis will remain illegal. “The one exception to this will be consumption in cannabis shops. It will also continue to be illegal to allow people to use cannabis on your property.”Mr Sanderson, writing in a Facebook post, suggested amendments to repeal “misuse” of cannabis as a criminal offence, along with possession of cannabis and possession of cannabis equipment.He also asked that the legislation should rule that the use of cannabis would be legal on private property or in private clubs.Mr Sanderson warned that inconsistent use of the terms “cannabis”, “cannabis materials” and “cannabis products” in the legislation created a series of problems and loopholes that had to be addressed.He said: “Although the Bill amends the Misuse of Drugs Act by removing references to cannabis, it does not remove references in the Misuse of Drugs Act to THC or cannabinoids, or preparations or products thereof. “For example, it will be legal under the Cannabis Bill to possess cannabis, a part of a cannabis plant.“But it does not state that it is legal to possess cannabis products, with the result that it could be illegal under the Misuse of Drugs Act to possess cannabis brownies or gummies outside of a cannabis shop as these are not parts of a cannabis plant, but are, rather, cannabis products.”Mr Sanderson acknowledged that cannabis use was not without risk — particularly in the cases of people with some mental health conditions — but the “war on drugs” and harsh penalties had caused even greater problems.He said: “The legalisation of cannabis is a historical moment for Bermuda. “Let’s get it right with a law that people can read and easily understand their rights. “Let’s also make sure that the law actually does enable legal and safe use of cannabis.”• To view the draft legislation for the Cannabis (Licensing and Regulation) Act 2020, click on the PDF link under “Related Media”