Bermuda should introduce a health-based cannabis framework for a legal regime to be in compliance with international obligations.

This is the view of Joshua Santucci-Smith, the director of policy for the Bermuda Cannabis Association, who said that without independent sovereignty, Bermuda had to adhere to the laws and regulations of the island’s governing country.

Mr Santucci-Smith has written an op-ed in today’s edition that lays out how scientific, research and medical applications could be allowed.

Bermuda’s move for cannabis licensing legislation was blocked by Britain in 2022 because it did not conform to the UK’s international obligations under the Single Convention on Narcotics Drugs of 1961.

However, the ruling Progressive Labour Party 2025 platform comes with a commitment to “reviewing and updating cannabis-related guidance, regulations and oversight to strike a balance between the limits of the British framework and safe, responsible adult cannabis use”.

Mr Santucci-Smith said: “Bermuda’s adoption of cannabis legislation should focus on a medical framework that gives patients access to alternative treatment options.

“By amending the Misuse of Drugs Act 1972 and the Medical Cannabis Bill 2018, we oblige UK legislation and international treaties.

“This approach was successful in Jersey and Guernsey, similar jurisdictions to Bermuda.

“With these points taken into consideration, I believe we could introduce a robust medical cannabis framework centred around patient health first.”

Canada legalised cannabis in 2018.

Mr Santucci-Smith highlighted how its reinterpretation of the meaning of the Single Convention and international drug treaties did not help Bermuda.

“[Canada’s] decision was met with international scrutiny by undermining the global order and framework for drug control,” he said.

“However, their counter-argument was that it fell in line with the overarching mission of the United Nations in protecting public health and welfare.

“They argue that prohibition damages more lives than it saves, decimates marginalised communities and diverts money from more necessary programmes.

“Canada went through rigorous public and government consultations to gauge whether the benefits outweighed repercussions.

“This option isn’t available to Bermuda since we are a UK jurisdiction.

“As a British Overseas Territory, we lack autonomy in amending our laws regarding UN obligations. We are bound to these obligations due to the UK signing the UN Single Convention of Narcotic Drugs.

“This limits the use of cannabis to strictly medical, scientific or research purposes.

“The proposed Cannabis Licensing Act 2022 runs in direct contradiction to treaty stipulations by allowing provisions for commercial exportation, commercial retail and consumption lounges.”

David Burt said in a recent interview with The Royal Gazette that he had been optimistic that the Act could have passed in its present form.

The Premier said: “I would say that I was hopeful that something that was in an election manifesto in a country that enjoys full self-government would be accepted by the UK.

“You can say there is a disconnect with international regulations but His Majesty the King is also the Head of State in Canada, which has gone in a direction that is similar in approach to what we were doing.

“I would always believe that the UK, which believes in democratic institutions and representation, would allow a territory, as we are, to choose what their laws domestically should be.”

In 2022, Nicola Barker, a British human rights and constitutional lawyer who studied Bermuda’s Constitution, referenced a 2017 research paper exploring avenues for Canada to “claim exemption from the treaties for recreational cannabis that may also apply to Bermuda”.

Kathy Lynn Simmons, the former Attorney-General, said at the time that the Government would have a steering committee draw up recommendations to negotiate with Britain “a more fit-for-purpose constitutional model for Bermuda”.

The International Narcotics Control Board, a treaty body in charge of monitoring some aspects of the convention, said soon after Canada legalised recreational cannabis use: “Legalisation by Canada of cannabis for non-medical purposes is incompatible with the legal obligations incumbent on states parties under the international drug control framework and is a violation of fundamental provisions of the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 protocol, according to which state parties have undertaken to limit the production, manufacture, export, import, distribution of, trade in, use and possession of drugs exclusively to medical and scientific purposes.

“INCB maintains that by moving forward with the legalisation of cannabis for non-medical purposes in disregard of its legal obligations and diplomatic commitments, the Government of Canada has contributed to weakening the international legal drug control framework and undermining the rules-based international order.”

The British Broadcasting Corporation reported in 2023 that the cannabis market in Canada was struggling.

Some experts blamed overregulation while others said production far exceeded demand.

The report said “options for domestic producers to make money outside Canada's borders remain very limited”.