Burt: PLP determined to see cannabis Bill pass
David Burt has said the Progressive Labour Party may be willing to adapt Bermuda’s stalled cannabis legislation to meet Britain’s requirements.
The Premier also said that Michael Weeks, the Minister of National Security who is in charge of drug control, must come up with a clear path forward on the issue by May when Parliament returns for its second session.
Rena Lalgie, the former governor, reserved assent on the controversial Cannabis Licensing Act 2022, saying it was “inconsistent” with obligations held by the UK and Bermuda under UN Conventions.
Mr Burt previously said he had “no intention” of tailoring the Government’s proposal to licence production of the drug to fit with the rules that allow use for medicinal purposes only.
However, during a recent interview with The Royal Gazette, Mr Burt said: “If the UK is not willing to go to the level of which was in the 2020 platform, then we need to put something forward that can meet inside of their aims.
“That is what has come from our members.”
The 2020 platform said: “Following the extensive consultation process, Bermuda’s new cannabis industry will soon take shape.
“We will structure the regulation of cannabis to protect our children and create economic opportunity, and will ensure that the additional revenue that is generated is used to invest in marginalised communities.
“We will keep true to our pledge that Bermudians who have been negatively impacted by cannabis prohibition will be the first persons to have access to any of the classes of business licences.”
Bermuda’s legislation did not conform to the UK international obligations under the Single Convention on Narcotics Drugs of 1961.
Speaking on whether the legislation would be amended to be in compliance, Mr Burt added: “It is a possibility but I am not going to get ahead of my ministers.
“It is important to recognise we have a platform that was given to us by our members and it is the responsibility of the Cabinet working with the caucus to make sure that we put together policies that can advance this initiative.
“I am not the expert when it comes to cannabis policy but the overall view is that we want to make sure that we can progress, whereas we do not believe that we have been able to make that necessary progress.
“Locally and domestically recently there have been certain challenges and the minister who is responsible for drug control, who is the Minister of National Security, has been told very clearly by me that by the time we come back in May to Parliament — not the first session but the next session — we need to have complete clarity on the path forward on this.”
Mr Burt said he believed Bermuda would be able to bring legislation that would pass. “I live in hope,” he added.
Speaking about the previous bid, he 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.”
Nicola Barker, a British human rights and constitutional lawyer who has studied Bermuda’s Constitution, highlighted in 2022 that Canada, which legalised cannabis in 2018, was also a signatory to the convention.
Dr Barker referenced a research paper from 2017 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 “a more fit-for-purpose constitutional model for Bermuda” with the UK.
The PLP’s latest platform said the party was committed to “reviewing and updating cannabis-related guidance, regulations and oversight to strike a balance between the limits of the UK framework and safe, responsible adult cannabis use.”
• Cannabis Licensing Act 2020 is tabled in the House of Assembly on December 11, 2020. Kathy Lynn Simmons, then Attorney-General, said: “The Government is aware that this Bill placed before the House of Assembly proposes to permit lawful uses of cannabis for personal adult-use, and by doing so it prescribes uses beyond ‘medical and scientific use’ as sanctioned by the United Nations oversight bodies. However, the Government is pursuing all diplomatic and legal options to deliver on its promise to our people.”
• The Bill passes in the House but fails to pass the Senate by a margin of six votes against and five votes in support on March 3, 2021.
• The Bermuda Cannabis Licensing Bill 2022 is reintroduced to the House on March 25, 2022. It passes with 18 votes in favour and six against.
• It goes for a second reading in the Senate on March 30, 2022, with votes tied and as such was rejected by the Senate for a second time.
• Following the process set out in the Bermuda Constitution Order 1968, the Bill is presented to Rena Lalgie, the former Governor, for Royal Assent.
• In May 2022, Rena Lalgie reserves assent, saying: “The UK has supported, and is currently assisting, some of the Crown Dependencies and other Overseas Territories to develop a way which is compliant with the relevant conventions.”
• Plans to advance legislation are included in the 2025 PLP party platform.
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