MPs debate pros and cons of reforming cannabis laws
A debate on reforming cannabis laws dominated proceedings in the House of Assembly.
Premier Michael Dunkley launched an eight-hour discussion by stating: “The debate is one that joins Bermuda with many other countries who have wrestled with the issue of cannabis reform. Even considering this issue has the ability to provoke strong feelings. Honourable Members will be affected and influenced by core values grounded in religious faith, cultural traditions, personal and professional experiences as well as the societal discomfort that accompanies any potential for change.”
Shadow National Security Minister Walter Robain revealed that he had experimented with the drug in his youth.
“I grew up in Bermuda and went through some of the same life experiences that everyone in our country did,” he said
“I’m going to be open about it. I put that on the table. I’m just living the real life. Growing up in Bermuda I had to make certain choices. Some young men didn’t make the proper choice and became victims of those choices. Some went to jail and had their educational and family life damaged — not by being a huge importer or dealer but by being a recreational user. How far was I from being in that situation? If I had made one different decision I could have ended up in Westgate.”
Former Attorney General Mark Pettingill said the subject was a convoluted and complex issue that raised a number of conundrums. And he cautioned that, while the war on drugs was failing, any changes to the law would have to be introduced gradually and would take time. Pointing out that the discussion has been going on in the US for several years, he said: “Look how far we haven’t come.
“No man is an island and we have to live together in harmony as much as possible and the law provides a framework in which we do that, but this topic presents one of the biggest conundrums. I take the view that the war on marijuana has failed and is failing. When you make something illegal that is wanted by many people you put the control of that particular vice into the hands of the criminal element. And that’s the problem we have with marijuana — it is totally in the hands of the criminal element in this country and any law-abiding citizen who participates in marijuana is complicit in a criminal enterprise.”
Opposition spokesman for Immigration and External Affairs Walton Brown questioned the purpose of searching cruise ship passengers for drugs, asking what the benefit of such a policy could be.
And on the subject of medicinal use of the drug, he said: “Most of the people I talk to just want to find any other reason why we should legalise weed.”
He said that a substantial health campaign should be launched at the same time whatever form of decriminalisation is implemented as smoking is generally unhealthy, notwithstanding the health benefits it can provide.
Government backbencher Kenneth Bascome said the Government must look seriously at reforming the Island’s drug laws, saying he is asked on a daily basis for help getting waivers allowing those convicted of drug possession travel to the US.
Shadow Tourism Minister Zane DeSilva questioned how many Bermudians — young black males in particular — have over the years lost employment and education employment opportunities because of minor drug convictions, and the degree to which it has impacted the community over the course of generations.
“I think we need to decriminalise weed, and stop hurting our young people in particular,” Mr DeSilva said. “In terms of legalising weed, I think much more discussion is required.”
Health Minister Jeanne Atherden said smoking marijuana can carry some very serious medical and social side effects, particularly at when taken at a young age.
“Right now, the consensus is that marijuana use is still harmful,” Mrs Atherden said. “That’s still the consensus in the medical profession.
“From the health perspective, you don’t want people going down there period.”
Shadow Health Minister Kim Wilson echoed the sentiments of the Health Minister regarding the impact of the drug on developing young people, but said the “war on drugs” has had a negative impact on society internationally due to the racial disparity in how it was carried out.
She suggested that possessing small quantities of cannabis could be treated like a parking ticket with an on-the-spot fine on the first few occasions, with the matter being kept out of the courts until they have received several tickets. Even then, she suggested the courts could put forward a period of probation in which no conviction is recorded provided conditions are met.
Shadow Community and Cultural Affairs Minister Michael Weeks said the conversation was long overdue and that some form of reform is necessary, saying he has seen many people’s dreams shattered by the existing policies, but that he believed decriminalisation alone would leave the industry in the hands of criminals, suggesting Government should seriously consider legalising and taxing it as with alcohol.
He also asked if there would be any degree of reprieve for those who are already on the US stop list should the Island’s approach to cannabis change.
OBA whip Cole Simons noted that the US Consulate had warned that even if past drug offenders have their records expunged they will remain on the US stop list, but said cannabis prohibition as it stands simply does not work.
“I started off as a person who was against it,” he said.
“Then I was totally against it. But I have read this report and I am now on a journey and I see the community is asking for it [legalisation] and parliament has a duty to examine it to try to get in step with the country.”
Public Works Minister Patricia Gordon Pamplin said that in her former post as Health Minister, she had been approached about allowing the medical use of cannabis oil — and approved it following the recommendation of the patient’s doctor. While she said the patient has subsequently died, she felt she made the right decision and provided a dying man some degree of relief in his final days.
She said she wanted to make sure young people have every opportunity to find employment and education overseas, but that Government must consider and establish controls to ensure public safety rather than simply opening the flood gates.
Independent MP Terry Lister: “There is no doubt that drugs drive crime in Bermuda and if, as the Premier has indicated, we are going to restrict this conversation to decriminalisation we have to accept the fact that it may have little impact on crime. Those who are looking for something today that is going to impact crime are going to be disappointed. When we agree to decriminalisation we are turning a blind eye to criminal behaviour.”
Shadow Home Affairs Minister Rolfe Commissiong said the present status quo is not sustainable, noting that a recent survey suggested that the majority of Bermudians want to see legalisation or decriminalisation, but said that any decision must be evidence-based rather than based on emotion.
Shadow Finance Minister David Burt said the issue of cannabis should be dealt with as a public medical issue rather than a criminal one, with the focus being on prevention and treatment.
“I think we need to find a new approach to how we deal with the scourge of addiction,” Mr Burt said. “I don’t think there are many families that can say they have not been touched by addiction.”
He said he believed Bermuda should move towards the creation of a regulated cannabis industry, but if the Island does take that approach efforts must be made to prevent those who have already been impacted by the prohibition of cannabis from being further marginalised.
Opposition Leader Marc Bean wrapped up the debate by pointing out that in his maiden speech in the House of Assembly in 2010 he called for the introduction of “coffee shops” and criticised the searching of cruise ship cabins for cannabis, saying such policies are sending a bad message to potential visitors.
He told the House he remains a supporter of legalising cannabis with little restriction apart from taxation, with members of the public being able to grow their own marijuana. He also stressed the potential medical usage of the marijuana saying he had himself used the plant medicinally.