Bias in ganja cases queried

Why is cannabis illegal in the first place? Is it a valid law? Do the laws concerning cannabis cause more harm than the plant itself? What are the facts about cannabis? What has been scientifically observed by people trained to observe the effects, socio-economically? 

In my opinion the main issue is the misinformation, the stigma, people speaking ignorantly when they have not studied the facts. There are pros and cons to the use of cannabis, this is proven fact. Then general trend policy wise globally is heading towards decriminilization. The main obstacle to that is the way the internation treaties were rushed to completely preventing people who did not agree with the US policy regarding criminalizing hemp to allow synthetic fiber companies such as Dupont to flourish to stand up and say it was not a good idea. 

People in cayman are so quick to point fingers at ganja as if ganja is responsible for our inability to raise and educate out children but not so quick to do the necessary research to see whether they are using cannabis as a scapecoat instead of addressing the real issues that threaten the long term security of these islands.

Cannabis is a tool, similar to a hammer that can be used to provide medicinal, spiritual and recreational use. It can also be abused and lead to a lack of ambition. No sane, educated person would make the claim that cannabis in general leads to robbery, murder or rape. It disheartens me to read some of the comments where the lack of education is so blatantly obvious.

I rather live in, and claim citizenship to a Cayman run by educated cannabis smokers, than a bunch of uneducated alcohol consumers. How many political officials have been involved in crimes involving alcohol? 

If cannabis is illegal in Cayman, i would like to know why. And further more, i would like to know why the logic used to render the average cannabis smoker into a potential criminal doesn't extend to the likes of tobacco or alchohol?

It has been proven that the health costs passed on to the community as a result of alcohol, tobacco, even obesity far outweigh the costs associated with cannabis use. Understandably so considering all the ailments it treats and or cures.

It is HIGH time that the government solicited a proper unbiased review from a 3rd party as to the potential pros and cons regarding cannabis policy. There are too many people in the position of power that are prone to making decisions based off emotion and personal gain rather than looking at the facts at doing what is BEST FOR THE COUNTRY AS A WHOLE.

When you start telling people who for all intents and purposes are not violent or criminals prone to destructive bahvior that yes, they are indeed criminals and no better than rapists, murderers, thieves, then how do you expect them to interact with the community that judges but offers no compassion or makes no attempt to understand?  You expect them to stop being who they are just so that you can feel comfortable? 

The laws of the island are supposed to represent the entire populace. If half of the country supports legalization and the other half support criminalization, then appealing to one half of the populace doesn't seem like a just law that represents ALL OF US.

Now is the time for cannabis law reform in Cayman. Wasting time locking up people for consuming a MEDICINE does not seem like the most efficient way to encourage them to be the productive members of society you want them to me, you're just CREATING more criminals.

and lastly, considering that human beings have been using cannabis for different reasons for over 5000 years, and that it's only been illegal for 70 and directly as a result of US corporate greed at that....i find it hard to understand how people can so blindly support its criminalization. Go do some research sheeple.

In other words, when looking at the history of cannabis, the time it's been illegal compared to the amount of time it's been looked at with respect and reverence is small and in time may prove to be one of the gravest mistakes humanity has made regarding policing of personal liberties. 

and to all you people out there saying " it's the law, you shouldn't break the law", please remember it was illegal for inter-racial marriage at one point. there are still instances of archaic laws that do not serve the greater benefit of the people. In some states in the US it's illegal to have an ice cream cone in your pocket. does that make it a good law? 

There is room for reform and unfortunately, sometimes people have to sacrifice their freedom, their reputation and their ability to provide for themselves, just to be able to stand up and say that a law is unjust. 

I guess Rosa Parks should have just sat down in the back of the bus where it was legal? I guess slaves should have never broke laws by learning to read.

Just because a law exists does not mean a law is just and it definitely does not mean that is its perfect and without room for fine tuning. And sometimes it takes 50% of a nation to stand up and say, this law does not serve the whole, it must change.

Cayman isn't going to learn until Jamaica decriminalizes cannabis and again we will be left following others instead of for once stepping out and making a stand. who am i kidding, the only culture this island has is to assimilate other cultures and assume a reactionary stance to EVERYTHING.

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correction for post:

Once you have a felony even in Cayman, I do not think the Canadian Embassy will accept you either as they and the US immigration work closely together

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When I was in College, I so happened to make a stupid mistake in the US and was charged with DUI, which is a felony in the US not like Cayman where it is only a traffic offence. When I went to Jamaica to get my visa renewed, it was a different process than just me renewing my student visa. At the US Embassy in Jamaica I had to go to one of their prefered doctors in Jamaica and get a drug test and a full medical to prove that I did not do ganga or had alcohol in my system from the night before. I did have to return to Cayman with out my visa, then return to jamaica one week later to get the results and revisit the Embassy. I was granted my Student Visa and have since returned for a visitors visa, which I now hold. I do not come from a prefered family in Cayman nor is my family rich. When I made my mistake I had to save and pay my own lawyer fees because my parents told me it was my choice to do something that stupid and this is a part of life, so now I am responsible for getting out of my mess. They always warned me about the consiquences of my action but their words only fell on deaf ears. I am no longer eligible to use my UK passort to enter the US on the waiver program but the US embassy have renewed my visas. I did pay the price and had to do the DUI programs and pay the fines in the US. Which was very costly to me. I have learnt much from that experience from college, and the stupid mistake I made the night it happened. There is TWO side to every story, I do not think the US is bias anyone when it comes to applying for a student visa in Jamaica when you are from Cayman, because as I have experienced, they are willing to work with you. Who really knows if this student has gone back to Jamaica to the Embassy to try and renew the visa or if he did so, failed the drug test...They can test for ganga in your system for months after it is smoked. Once you have a felony even in Cayman, I do not think the Canadian Embassy will not accept you either as they and the US immigration work closely together. I have learnt that I now also need Visas to enter Canada and can no loner enter their with my British passort either. But I did the crime so I have to pay the price!

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STOP - REHABILITATION - PLEASE EVERYONE THINK… why are there so many ignorant and self righteous people putting their ill informed views out there.  Are you trying to prove you are good Christians? Well if so you will remember Christians forgive. Let me make this simple, we have a rehabilitation law like most developed countries (including the UK and the USA) which simply states after a period of time your conviction becomes ‘spent’ and it cannot be referred to in the future unless the position you are applying for is an exception to the Rehabilitation Law (like the Police force) . The intent of this law is to allow for convicted persons to redeem themselves after a period of years so that their record becomes ‘clean’ again. I.E. they were bad, caught, found guilty but if they behave then it will eventually go away.

Why do we and most countries have this Law? The thinking is that if we didn’t then convicted persons would have no incentive not to re-offend and they would think okay forget it I am never getting rid of this conviction and I may as well do more crimes a downward spiral would begin. Which does happen for some people but not young adults like in the story, the were young and stupid and are paying a high price.

So keep your ill informed ‘pious views’ to yourself if you don’t understand something. All Mr Miller needs to do is to make an amendment to the Rehabilitation Law and I would be happy to help. It would be along the lines “if you are convicted of a summary offence under the age of 20 then the completion of a drug rehabilitation program within two years expunges your conviction”.

Give these young adult a chance we are all sinners in some respect. 

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Yes anon 22:13 since you have all the answers explained to us why the officer in Mr Berry's case was dismissed from the RCIPS give it a rest ! We all know what this is plain and simple uttering a false document carries a maximum sentence of seven years no amount of Drug  rehab and court instructions and compensation can get  3 convictions struck from your record and your name not mentioned in the newspaper. Mr Berry's behaviour and actions are regretable and it can't be said he is not being continually punished for his drug conviction and his actions. The law must be fair and appear to be so. Please tell us anon 22:13 when and for whom this has ever been done for? Certainly no Caymanians that have come before the courts which i believe is the point Mr Millers is trying to make.

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The unfortunate message here is:

Dear Baby Mommies,

If you want your babies to go to University in the US, make sure you go to Miami before delivering...

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Before y'all get your knickers in a bunch there is more to this story than was reported here. 

The other person got no conviction recorded because he agreed to attend the Drug Rehab Programme. Mr. Berry refused to enter in the programme and even after being convicted his attitude toward mandatory meetings with the probation officer (or whoever he was directed to see) was nonchalant. He missed meetings and basically had an attitude of "I couldn't care less what the Court say". 

Fast forward two years later, he has cleaned up himself and got accepted to University and apparently because of conviction the US government has decided not to renew his student visa. 

It is only after that occurred that Mr. Berry sought to appeal his conviction, after he realized that it is affecting him negatively. 

The Court of Appeal has now followed the law and indicated that there is no just and legal reason for them to set aside the conviction. They cannot set aside a conviction simply because someone realizes that their negligent, juvenile behaviour is going to affect them negatively apparently for a long time. 

Also, as one of the judges indicated there is no guarantee that even if the conviction was set aside that the US Government would change their mind and renew the young man's visa so they cannot simply set aside a conviction with the hope that the US Government may renew his visa. 

Unfortunately we do things when we are young and naive and stupid but there are consequences to our actions and sometimes there are consequences that affect us for the rest of our lives. 

There are other places he can study (UK, Canada etcetera). It is unfortunate that he will not be able to continue his studies in the US but people please do not make this about the other young man and his purported connections. 

We are always seeing what we want to see and always trying to make things fit the way we perceive rather than what they really are. 

Ezzard, I know you are the mouthpiece of "injustices" done and you're going to open your mouth loud, especially when it is for your fellow Caymanian and I commend you on that all the way except get the facts BEFORE opening your mouth. 

You are inciting ill-will toward the other young man and making people think he got special favour when the truth appears to be that he agreed to terms and conditions that Mr. Berry simply balked on. He seemed truly remorseful and was willing to do whatever the Court directed, Mr. Berry didn't and Mr. Berry truly didn't give a hoot about it until it affected him negatively now suddenly he wants to make it seem as though he was treated so unfairly by the Courts. 

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Different strokes for different folks and justice for the few. We in Cayman have come to expect and understand just how unfair this place has become across the whole spectrum of this society and when those like Mr Miller make an attempt to speak out about it, they are attempts to drown these concerns out by those who would like Cayman with no rights or protections for its own citizens. This unfortunately is pushing our society further and further apart and to a point where a clash is inevitable.

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We must do something to stop this madness, this injustice against our youth.

All have sinned and come short of the glory of god. You that is without sin first cast a stone.

The point made is that others who were on work permits, did not have their convictions recorded and were involved with million dollar scams. They were allowed to walk free with a squeaky clean record they did not deserve ! whereas it should have been tarnished for life.

Its time to convict the alcoholics who kill our innocent citizens on our roads and continue to drive on our streets looking to kill more innocent people.  Drunkards are a disgrace and should be treated as they are, a danger to society as they have put a lot of innocent  people in their early graves.We are tired of the road deaths caused by drunken drivers.

The Legislators are responsible for making sure laws are put in place that will save our youth and give them a SECOND CHANCE  in their own homeland.

People come to this country and use hard sycadelic drugs, the get caught by RCIP, no charges filed against them, no jail or prison time. It is brushed under the rug.

Why can't we just simply  love our children eventhough they may not necessarily do the right thing all the time. Why don't God just kill us all since we are all so Imperfect all the time, and rarely ever do the right thing?. Most of us are rebels, some of you did much worst than this kid so why stone him to death? Let's have a look at your skeletons some of you.

The Chief Justice should look into this, the premier or governor and pardon this young man. I'd say this is a prime application that should be reviewed by the governor and maybe the governor could consider pardoning the young man as he has high ambitions.

We give everyone coming into this island a second chance with their convictions they had back in their homeland and they come to us to chill out......, why can't we give our own a chance.

Mr. Miller as a legislator, you make a lot of applications on demand. As the representative for North Side you can make an application to the governor asking him to pardon this young man.

God help this young man. And God help those of you who are guilty of blood on your hands, but yet you find time to criticize this youth for a lesser crime.

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Poverty and a casual social attitude towards drug use is why the Caribbean region suffers the social ills and crime that we now face regionally.  Cayman does not have much of an excuse in the extreme poverty category, so it basically comes down to cultural attitudes.  A recreational puff of weed, or a line of coke is still socially acceptable, even among the crime fighters and customs staff (check out the inch-long pinkie nail on the guy at the airport).  This attitude problem has got to change if we truly want to tackle the serious crime and the business apparatus of transhipment, dealers, and their gangs.  The truth is that every puff or line that we tolerate makes one an accomplice to the social ills we all supposedly oppose.

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Ezzard raises an interesting point on the lack of formal sentencing guidelines available in Cayman.  Having practised as an attorney for 4 years on both sides of the fence in Cayman it occured to me that sentencing could be about as arbitrary as which defence advocate someone had.  This is not a critisicm of anyone at all rather it is simply an observation as to what actually took place.   I often found myself urging the court of appeal to adopt some of the Sentencing Council Guidelines or alternatively (where appropriate and where no justification existed for cultural difference in sentencing) the English Court of Appeal Guidelines.  This would provide for a range of sentences and make the process less arbitrary - particularly to the bystander.  It would give more credibility to sentencing generally. I never really understood the reluctance to do so.  The local guidelines in the Grand Court (available on their website) were somewhat dated and restricted as to the offfences dealt with.  Why not adopt a series of guidlelines like the Magistrates Court Guidelines and Sentencing Council Guidelines as in England?  For those who abhor the prospect of influence from the Uk there is no need for substance of them to be adopted - simply the form of a series of guidelines which assists advocates, defendants, judges and the public to know what to expect. Proper investigation and input from various organisations as to the appropriate local sentencing to be adopted can be codified and clarity can rule.

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What a lucky fella and no prison time not even mentioned in the paper only time i seen that done is in juvenile cases which is understandable. Somebody got contacts boy!

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The USA has all rite just like how you dont want it in your country they don't want it there's also if it was and american doing here you would have done the same thing or take the same action. "Do onto other as you like thme to do onto you"

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So what???  Don't need to work in the U-S-A!  Get a life and see that it is more than what society thinks of you or grades you.

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