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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Sensible people and countries, even Florida, are Voting NO to decriminalise personal use of Weed. It smells and sucks.
It rots brains.
Just check west Bay street corners any time of day or night.
Ganja dealers also peddle cocaine even if they dont use it.
No conscience. only greedy yardies — and LOCAL Dealers also, up high in society.
Literally
Do the job yourself Mr AG! Why sluff the work off on the Chief Justice?
Adeptus Ridiculous on the Cayman Islands’ Wreckage, Weed, and Warlords
“Citizens of this tropical hive world, gather round for the latest chapter in the great Caymanian tragicomedy, where leadership is powered by the combined intellect and coordination of two drunken donkeys trying to steer a cart on a collapsing bridge.
At the reins: Honorable Chris Saunders and Honorable Dwayne Seymour, whose antics have transformed Bodden Town West and respectively Bodden Town East into a carnival of chaos and Breakers into a disaster waiting to happen.
Let us begin with Breakers, a historic site of maritime calamity during the Golden Age of Piracy. Exposed to the open ocean and directly in the path of hurricanes, this treacherous shoreline is now the proposed site for a cruise pier.
Truly, there is no better place for modern ships to emulate their doomed predecessors! Picture Saunders with a cigar, declaring victory as tourists disembark onto a pier already tilting into the storm-tossed ocean.
Seymour, meanwhile, valiantly tries to navigate the chaos, only to crash into the pier itself. After all, this is a man whose driving record includes collisions with fences, electric poles, and even excavators.
One must admire his consistency in finding—and hitting—the inanimate objects in his path.
But this is merely Act One. Enter cannabis legalization, tied to the Cruise Port Referendum with all the finesse of a Grox stampeding through a china shop.
Saunders, ever the opportunist, sees this as more than a policy; it’s a golden ticket for cementing garrison politics.
Cruise passengers disembarking at Breakers will be greeted by a hazy welcome party, with local vendors offering ‘lobster-and-ganja combos’ and ‘storm survival kits.’
Seymour, meanwhile, fumbles with a gummy in one hand and a campaign flyer in the other, only to accidentally trip over the very pier he just collided with. A finer display of governance, you will not find.
And then there’s leniency—a cornerstone of Saunders’ vote-buying strategy.
The Attorney General’s review of sentencing disparities will undoubtedly benefit Saunders’ ‘grateful voters,’ solidifying his legacy as the patron saint of selective justice.
Justice, once blind, now peers nervously from behind her blindfold, making sure her scales tip toward Bodden Town. Gang violence, illegal arms trafficking, and vote-buying being all time-honored traditions in Absurdistan, whom our local overlords look over with envy!
Of course, amidst the donkey-driven political chaos, environmental concerns are left trampled underfoot. Breakers, home to thriving lobster populations and vibrant marine ecosystems, faces obliteration.
Coral reefs will crumble under cruise ship pollution, and the ecological damage will be so thorough that even the lobsters will pack up and leave, citing ‘irreconcilable differences with humans.’
One imagines the lobsters bidding farewell to Seymour, who, true to form, would likely crash into their departing convoy in an attempt to give a farewell speech.
But wait, there’s more! Bodden Town West’s and East proud traditions of garrison politics and ‘alternative commerce’ are poised to evolve into innovative new industries: ‘lobster-and-ganja adventure packages’ for thrill-seeking tourists and loyalty programs for repeat offenders, complete with complimentary campaign favors.
It’s a synergy of vice and governance that rivals the most chaotic hive cities.
Let the Adeptus Ridiculous offer this final warning: beware the drunken donkeys of governance. For when leadership prioritizes short-term votes over long-term survival, the result is not progress but pandemonium. Breakers may soon live up to its name—not as a rich fishing ground, but as a barren wasteland, a testament to ecological devastation and political incompetence. History will not remember this era for its achievements, but for its unrivaled absurdity: a time when lobsters fled, storms raged, and Seymour collided with progress itself.
As a final note, the Adeptus Ridiculous cannot overlook the absurdity of the CBC raid on Doctors Express, the sole provider of medicinal cannabis on the island. This heavy-handed display of bigotry masquerading as enforcement is an affront to common sense and to those who rely on cannabis for legitimate medical purposes. While the donkeys of governance fumble their way toward chaos, real lives are left in the balance—forgotten amid the haze of incompetence and misplaced priorities.
AG asking CJ to investigate the judiciary’s different treatment by her own judiciary is not going to turn out the answers to determine whether or not Caymanians and local residents are treated differently than foreigners who live somewhere else. Nether AG nor CJ are a Caymanian “as of right”. Neither seems to care about the position of a Caymanian. Both collecting a paycheck. This should be done by an independent committee.
Ah, the importance of a free press, professional prosecutors operating at the highest ethical standards, an independent bar that should be demanding justice for all- and of FCO oversight. No criticism of CNS (they are airing the issues) but it would sure help if the “National Newspaper” and the Cayman Islands Society of Legal Practitioners was prepared to step on toes, and demand standards and accountability (including for criminals). Prosecutorial discretion is fine – provided those exercising it do so fairly and lawfully, and in the interests of justice and the Islands. That MAY mean a confused hotel guest with gummies more leniency than a punk with some weed, who has cussed out the cops once too often.
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.
If you’re consuming, aren’t you possessing what you consume?
I guess I know what you’re saying, but you should mention an amount.
Under the misuse of drugs law, a police officer can stop and search you or your property with “reasonable suspicion” without a warrant. It is a fact, that certain police officers use this tactic to demand a urine specimen to then charge the individual with consumption, even though nothing was found. The logic would be, if you’re consuming, you are certainly possessing. However, some travel to jurisdictions where cannabis is legal and partake, come back home only to be slapped with consumption charge. You think that’s fair?
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 link is there between school shootings in the US and cannabis?
BS. School shootings happen mainly from pre-existing mental illness in teens, not adults who consume cannabis legally.
Pre-existing mental illness, access to firearms and knowing to use them.
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.
Sounds like you need to go to a meeting.
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.
That is absolutely correct.
Bermuda went too far into the realm of recreational cannabis on a commercial basis.
If it Bermuda’s Cannabis Licensing Act 2020 were to have stuck within the parameters of decriminalization of cannabis and a licensing system pertaining only to legalization for medical, therapeutic and/or scientific purposes, then it would have been compliant with the United Nations Single Convention on Narcotic Drugs 1961 (as amended by the 1972 Protocol).
However, despite Bermuda’s lower house of Parliament (the House) passing the Cannabis Licensing Act 2020, the upper house of Parliament (the Senate) rejected it.
In any event, for the aforementioned reasons (i.e., not being compliant with relevant UN drug conventions, namely the Single Convention on Narcotic Drugs), the Governor of Bermuda gave notice that, even if the Senate would also have passed it too, the UK would not have allowed HE the Governor to give assent to it.
Given that Bermuda (like the Cayman Islands) is an Overseas British Territory, if an Overseas British Territory is in breach of an international treaty/convention obligation, it would put the UK in breach of said international treaty/convention obligation.
So, it’s important to be cognizant of compliance with international legal obligations (not just domestic desires) when deciding on the statutory framework for cannabis legislation.
For examples of what cannabis legislation that was effective and compliant with international legal obligations, please note the following:
(1) Jamaica’s Dangerous Drugs (Amendment) Act 2015; and
(2) Bermuda’s Misuse of Drugs (Decriminalisation of Cannabis) Amendment Act 2017
The are quite good legislative amendments to consider what has worked from a legal perspective.
Lastly, given the increasing culture of AML/CFT compliance regime (as well as from a socio-legal and scio-economic perspective), where cannabis legislation is being considered by a Caribbean jurisdiction/country, two good resourcesto consider arethe following:
(1) a paper published by the Caribbean Financial Action Task Force (CFATF) in December 2023, entitled “Potential Implications of Decriminalisation, Legalisation or A Hybrid Approach of Cannabis on AML/CFT”; and
(2) although not relating to AML/CFT regime issues (but rather socio-legal policy issues): see the “Report of the CARICOM Regional Commission on Marijuana 2018: Waiting to Exhale — Safeguarding Our Future Through Responsible Socio-Legal Policy on Marijuana” published by the Caribbean Community Secretariat on 3 August 2018.
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.
Colorado employers ditto.
Jamaican employers (those that are left) ditto.
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
True. Ask him about CARA’s false assumption of lawful authority, which is a crime in section 98 of the Penal Code, which proves that CARA was committing money laundering offences as per section 144 of the Proceeds of Crime Law.
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.
It is ironic when you ask yourself the nationalities of all of those reportedly engaged in this exercise.
Well spotted 3.57… they come from the culture of acceptance blind to consequences.
Jamaican mafia is a problem.
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.