Government has no plans to legalise marijuana, claiming that “it is wrong to yield to a more permissive attitude socially without due regard to the social, economic and health consequences”.

But under planned reforms of cannabis laws, police could be allowed to give on-the-spot cautions to offenders caught with small amounts of the drug intended for personal use. Currently offenders are charged and have to go through the court system unless a caution is approved by the Department of Public Prosecutions.

Premier Michael Dunkley outlined Government’s position during a debate on the findings of the Cannabis Reform Collaborative — an independent advisory group that spent months reviewing the Island’s cannabis laws.

The group submitted its 137-page report to the House of Assembly earlier this month. Among its recommendations were a call to make cannabis immediately available for medicinal use, the decriminalisation of possession for personal use and the eventual legalisation of cannabis.

Kicking off the marathon debate in the House of Assembly yesterday, Mr Dunkley said the discussion was an opportunity “to reflect on the research provided and the recommendations made”.

“It is also an opportunity for the people of Bermuda to understand exactly where their representatives stand on some of the thorny issues that surround the reform of our cannabis laws,” he added.

The Premier was quick to outline Government’s position on just how far reform should go, telling Parliamentarians: “I think it is important to reiterate that the Government’s public undertaking has related to decriminalisation and any potential wider use of cannabis.

“Let me indicate early in this debate that at this time, the Government is not prepared to consider personal cultivation, licenses for commercial cultivation and sale or blanket legalisation of cannabis. Insofar as this report recommends those things, they do not represent this Government’s current intentions.”

Mr Dunkley added that, in his opinion, “unregulated use of cannabis defies the nature of the substance and ignores the effects it has had on communities around the world and in Bermuda also”.

“It is wrong to yield to a more permissive attitude socially without due regard to the social, economic and health consequences that hold equal weight in those studies conducted,” he said.

The Premier expressed some sympathy for Bermudians who were caught with small amounts of cannabis who “then have their travel, education and employment prospects adversely affected, sometimes for life”.

“The decriminalisation of possession of small amounts of cannabis is one means that has been suggested to deal with this issue,” he said.

“However, a closer examination of the laws of both Bermuda and our nearest trading partner, the United States, is required to ensure that we achieve the intended aim.

The Premier pointed out that police had previously had the authority to issue cautions, but this was revoked in 2012 with cautions now requiring prior DPP approval.

“I am pleased to advise this Honourable House that with the assistance of the learned Attorney General we are in discussions with the DPP to revert to the 2010 position and allow cautions to be given by the police,” Mr Dunkley said.

“The power of the DPP to institute charges remains in his discretion, but allowing the police to handle cautions in this way will be far more efficient in this area of criminal justice.

“In considering whether a caution should be administered, the DPP considers several criteria including the amount of cannabis, the antecedents of the offender, his/her admission of culpability and any factors that might indicate that the drug was for supply and not personal use. The requirement to consider such criteria means that in some cases, possession of relatively small amounts of cannabis might still occasion an appearance in court and a possible conviction for a drug offence.

“It is therefore an essential element of this debate that we determine whether that criteria is abandoned in favour a blanket decriminalisation approach based solely on the amount of drug possessed or if we use the “youthful indiscretion” test as the means by which to remove the criminality associated with a first offence possession of cannabis.

“This is not an easy choice and in the coming weeks and months the Government will consider this policy point in detail before returning to this House with any legislative change.”

Addressing the report’s recommendation that “immediate action should be taken to enable access to medical cannabis with a prescription”, the Premier said it was “not the Government’s role to take sides in the medical or scientific debate”.

“Any move to permit greater access to cannabis for medical purposes will, by definition, be regulated like any other medically prescribed drug. Doctors will do what they have done for centuries: prescribe what they consider is best for their patient. The Government’s role as regulator is to ensure quality control, proper storage and dispensing protocols.

“Where the potential for relief exists in the use of cannabis for medical purposes, the Government’s responsibility is to sensitively and prudently regulate that use in the best interests of healthcare generally and public safety in particular. The public advocacy in this area has, to some degree, gotten ahead of the science.

“Achieving the necessary balance in the area of medical cannabis means ensuring that all necessary, scientific protocols are in place and that whatever regulations are developed reflect best practice generally and the added degree of caution required with a substance like cannabis. This will be done in close consultation with the Ministry of Health and Environment.”