AG agrees to ask CJ to review inequities of drug sentences
(CNS): Attorney General Samuel Bulgin has said he will ask the chief justice to conduct a review of sentences that have been handed down to those convicted of drug offences following concerns that visitors who are bringing drugs into Cayman accidentally or deliberately are facing far less severe sanctions than locals for similar crimes. The issue was raised by Chris Saunders MP (BTW) in parliament last month when he said he believed Caymanians were being treated differently than travellers.
In the final sitting of the year, the Misuse of Drugs (Amendment) Bill, 2024, which will modernise the legislation and improve enforcement, was steered through the House. During the debate, Saunders offered his backing to the legislation but asked what could be done about the different treatment being handed out by the courts.
“There seems to be a difference sentencing guideline for people who show up at the airport with drugs… or gummies, for example, and then those who are Caymanians,” he said, as he pointed to the recent hospitalisation of children who ingested gummies that are legal elsewhere. He also suggested an amnesty bin for visitors who realise that cannabis is not legal here so they can dump it before officially entering the country.
But for those who are importing drugs that make it onto the street, there should not be a difference in sentences handed to visitors and local dealers, he said.
As he wrapped up the debate, Bulgin said that the best way to address the issue would be to ask the chief justice to review the sentences handed down over the last five years and collate the data to determine whether there is evidence to support this concern.
“The best way for me to do that and to help have the matter properly ventilated is to speak to the chief justice to see if we can look back at five years of data… and assist us with that empirical evidence so we can have an informed position on the issue,” Bulgin told the parliament.
He said he was not in a position to say whether or not there was any deliberate effort in how sentences are handed out based on “one’s nationality, status, or anything”.
Since cannabis has become legal in Canada and parts of the United States, there has been a proliferation of various edible products that users sometimes forget they have or make the incorrect assumption that the drug is legal to possess across the Americas.
But here in Cayman, possessing anything but prescription oils and tinctures is illegal. Even the consumption of cannabis is still a crime, making this country an outlier and creating a situation that must be addressed, given the changing culture surrounding the use and misuse of drugs and the fact that consumption could now be as a result of legally prescribed cannabis medicines.
However, the government failed to use the opportunity with this amendment bill to decriminalise consumption.
While a referendum on the issue has been proposed to take place at the same time as the general election, it is bundled with questions on the cruise port issue and a national lottery. Since the UPM does not have the numbers to steer the referendum bill published in December through parliament, it will likely fail due to the controversies tied to the cruise berthing question.
This means that unless the government decides to amend the bill to remove the cruise question, the ganja and gambling questions won’t be asked, and the consumption and possession of small quantities of ganja will remain a crime.
See the debate on the amendment of the Misuse of Drugs bill on CIGTV below:
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Persons should not be prosecuted for consumption without possession. One of the first changes CIG could make with their hands tied behind their backs. CNS, please submit an FOI to confirm how many Caymanians have been changed for consumption without possession. None of those persons should have a police record for consumption of cannabis.
May i be granted responsibility to dispose of the ‘amnesty bin’ contents?
On a serious note, what goes remarkably unspoken is the growing awareness globally of the catastrophic effects weed/ganja/cannabis has on mental faculty and the near clear correlation and causation on the mental health of so many globally.
But we are not allowed bring this up, it seems its ‘cooler’ to go on about drink driving (which of course is a scourge on society, if not an outright sin). But the damage done to people smoking da plant is often evidenced by mass shootings at schools in the States; ongoing street crimes in the UK; multiple driving accidents; and on, and on. Their minds are utterly messed up, paranoia, schizophrenia and worse.
But for some reason we can’t speak about it, we should just legalize yet another utterly devastating drug without considering its effects?
Weed is not good. Nor is alcohol. They are both ripe for addiction and abuse by many. Of course, not by all.
What about cleaning up the piss holes on the public beach?
As an alcoholic, please ban alcohol and legalize cannabis. I go through at least 10 beers a day but I hate it. Trying hard to stop.. Some weekends I wake up the next morning not knowing if or what I had to eat for dinner the night before, surprised I didn’t overdose..
Weed on the other hand, actually helps with my depression, gives me back an appetite, and I sleep better.
Soon, we will be able to get one-stop-shopping once Kenny Drug Emporium opens in the new park
Decriminalize AND legalize already. What a waste of resources.
Need to legalize and not simply decriminalize. Otherwise, supply will just come by boat, and who knows what the purity or sterility of the supply will be.
It is legalized in Canada and most US states. Properly packaged and labeled and regulated safe product is sold by licensed cannabis stores.
The UK has not legalized, and we cannot do so until they give the ok, due to international treaties. We have to crawl before we walk, and I welcome decriminalization as it is as far as we can go for now.
Nope, keep cannabis as an illegal substance for all except those with a extreme pain prescription issued by a cayman based doctor. There’s no need to smoke or otherwise ingest cannabis or it’s derivatives. So do or carry drugs at risk of jail.
Should be the same for Burger King. There is no need…
Add KFC, Wendy’s, Popeye’s, and the new Tim’s. Nothing but pure poison to your body. Get out , buy some real food and cook it yourself. We really have become lazy, unhealthy lumps haven’t we?
To hold this opinion and not mention drinking toxic alcohol is outright hypocritical, and if you mentioned banning alcohol, you’d get laughed out of the room seeing that Sir Alden determined liquor stores as essential serwices.
Thankfully our Chief Justice is a no nonsense advocate for maintaining standards in the community.
Weed will erode the exercise of restraint, the halllmark of civilized behavior.
In 2022, Bermuda attempted to legalize recreational cannabis through its Cannabis Licensing Act. The Governor, representing the UK, withheld assent, stating that the legislation conflicted with the UK’s international commitments.
Oh really? Just like the hospitalization gummies that are sold in so-called “regulated” markets? There is no end of get rich snake oil available in the licensed dispensaries, making all sorts of false claims. Perhaps you’d like to line up to purchase a tub of Noxzema with three drops of added ineffectual CBD for $40/100ml? It is the biggest hustle of this century. There is no credible QC bureau in North America keeping score there, but you expect the Cayman Islands to replicate some mirage agency tasked (at our expense) with saying “yup”? Meanwhile, the smugglers get access to legitimized businesses and launder the proceeds from all business lines. That’s not the solution. It’s actually more problems for Cayman as a Financial Center, clinging to a fragile international credibility. It’s a high cost for allowing weed smokers to feel more comfortable about their dependency issue.
Canadian employers are complaining they can’t get a productive day’s work out of their workforce.
An existing problem already in Cayman, without having weed destroy any sense of striving for achievement from our youth.
The issue has long before MP Sunders brought it up, been raised by *Caymanians* especially on the Talk Shows and social media. The concerns include guns and ammunition.
It is pleasing and a relief to read first Attorney Richard Barton, Jr. and now AG Bulgin bringing the issue to the public front and endeavouring an official review. 🇰🇾⚖️.
Patricia, you know you could just FOI the data. No need to use up Parliament, the Attorney General, or the Chief Justice’s time.
Let’s hope the data includes:
Whether the people had prior interactions with the Cayman legal system.
Whether they knew they had the substance with them or that it was unlawful.
Whether they cooperated fully with the authorities at the earliest opportunity.
Whether there was any reasonable risk of reoffending.
Whether they were residents, and
Their nationality.
Better include every admonishment and discharge and confirm the evidence of nationality, including status.
Then there would be useful data.
Then if there were disparities, the AG and CJ could explain how they arose in the system they have ultimate responsibility for administering.
My guess is the problem does not exist.
And “AG Bulgin” hahahahaha. what a joke! This man is an utter failure and has been seated comfortably there throw all of his departments legal failures and scandals. Gum does not stick to his shoe and i wonder why. If you want my vote you need to be committed to his removal from office for gross negligence.
Ask him about the medical cannabis corruption case currently going on. I’ll wait zzzzzzz.
LTD Da Unboozler
Saunders just wants to pander to his Jamaican cool irie no problem voters, consistent with his dream of turning us into a mini Jamaica.
What a waste of public resources and erosion of Cayman’s foundations.
We should all know that celebrities get fined a civil $1000 fee, and then driven to their suite at the hotel, probably picking up some better stuff along the way. Bulgin is so deeply out of touch that he needs to retire, and/or be replaced. We need a new AG.
A TOTAL waste of public funds and a populist distraction. If sentencing is unfair judges and government lawyers should be facing sanction. There are far bigger problems under the carpet.