Jamaican marijuana is not only grown for local use; the U.S. State Department also claims that Jamaica serves as the largest Caribbean supplier to both the United States and other neighbouring islands. Jamaican Foreign Minister, A.J. Nicholson, noted that as a nation with a historical reputation as a major cannabis exporter, Jamaica must remain cognisant of its commitments and responsibilities to the international community.
The United States has historically played an extremely influential role in shaping Jamaican drug policy, partly because the island is a central transit point for substances being trafficked from Central and South America to North America. Jamaica and the United States have a bilateral law enforcement agreement to curb the flow of illicit drugs through maritime means.
Jamaica and the United States
The 2014 International Narcotics Control Strategy Report states that: “The United States supports a wide range of efforts designed to address crime and violence affecting Jamaican citizens, primarily through the Caribbean Basin Security Initiative (CBSI). CBSI is a security partnership between the United States and Caribbean nations that seeks to substantially reduce illicit trafficking, advance public safety and citizen security, and promote social justice.”
The United States also supports and funds local task-forces with the purpose of eradicating Jamaica’s estimated 15,000 hectares of cannabis crops. Civilians are employed and supervised by police and military personnel to cut growing plants, seize seedlings, and burn them in the field.
Additionally, former Prime Minister Bruce Golding noted that “decriminalisation can invoke international consequences which would pose severe challenges for us,” including “significant impact in terms of our trade arrangements with the United States.” Countries which do not follow along with the United States’ prohibitionist tactics regarding to the War on Drugs face the risk of “decertification”. Decertification occurs when the U.S. decides that countries involved in the drug trade (either as producers, traffickers, or both) are not cooperating effectively with U.S. counter-narcotics programs. The consequences of decertification include the withdrawal of U.S. aid, refusal of visas, U.S. opposition to multilateral loans and possible trade sanctions.
Another notable task force that takes an aggressive stance towards cannabis production in Jamaica is Operation Kingfish, a multinational group (consisting of Jamaica, U.S., United Kingdom, and Canada) that coordinates investigations to the arrest major criminals. From its October 2004 inception through December 2006, Operation Kingfish launched 1,378 operations resulting in the seizure of 56 vehicles, 57 boats, one aircraft, 206 firearms, and two containers conveying drugs. Kingfish was also responsible for the seizure of over 13 metric tons of cocaine (mostly outside of Jamaica) and over 27,390 pounds of compressed marijuana. In 2006 Operation Kingfish mounted 870 operations, compared to 607 in 2005. In 2006, through cargo scanning, the Jamaican Customs Contraband Enforcement Team seized over 3,000 pounds of marijuana, ten kg of cocaine, and approximately $500,000 at Jamaican air and seaports.
Jamaica and the United Nations
Justice Minister Mark Golding’s June 15 statement regarding the recent marijuana law reforms also highlighted Jamaica’s commitments to the Conventions of the United Nations:
“The international agreements to which Jamaica is party place certain limitations on the changes that can be made to our domestic law without violating our international obligations. For example, the Single Convention as amended limits the production, manufacture, export, import, distribution of, trade in, use and possession of drugs except for medical and scientific purposes.
"Drug", as defined, includes cannabis, cannabis resin, extracts and tinctures of cannabis. The prohibitions imposed by that Convention, therefore, apply to ganja. There is a view that the strictures imposed by these international drug-related agreements need to be reviewed by state parties in light of current developments and trends.
This is an important item on the agenda of CARICOM. But until the stipulated requirements are reviewed and adjustments made, we are obliged to make such changes that are permissible within the present scheme of international obligations.
In this regard, it is important to note that the relevant conventions recognise the supremacy of the constitutions of member states -- the obligation to control, restrict and impose sanctions in respect of prohibited activities relating to drugs is expressly stated to be subject to the constitutional principles of member states.
This, we submit, provides some flexibility in the treatment of the use and possession of ganja in our local context. The rights guaranteed under the Charter of Rights and, in particular, the right to privacy and freedom of religion, are or of special significance.
Of relevance also to the proposed decriminalisation of ganja for medicinal and research purposes is the fact that medical and scientific purposes are expressly recognised exceptions under the relevant Conventions.”[P1]
Jamaica and the Caribbean Community
In 2013, Caribbean Community (CARICOM) countries agreed to discuss the issue of decriminalising marijuana for medical purposes at their inter-sessional summit in March 2014. Prior to the summit, the Jamaica government was being urged by other pro-reform CARICOM bodies to enact legislation that would decriminalise marijuana as well as establish a medical marijuana industry. Jamaica and and other CARICOM leaders will further discuss the issue of decriminalisation of marijuana for medicinal purposes when they meet in Antigua in July 2014 for their annual summit.
Regional leaders have also indicated an investigative interest in the subject of cannabis decriminalisation. In March 2014, CARICOM Heads of Government mandated that a Regional Commission be set up to address issues identified in relation to marijuana use. The agenda for cannabis reform at CARICOM meetings have reportedly been spearheaded by activists in Jamaica, St Lucia and St Vincent. The results of this investigation will be reported this July.
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8. What role has civil society played in the debate on drugs?
The Ganja Future Growers and Producers Association, a pro-reform advocacy group launched in April 2014, has been calling for a regulatory model that will benefit small growers instead of large corporations, stating: “For the first three years of a regulated industry, licenses should only be given to plots of one acre or less.”
The President of the Medical Association of Jamaica said the Association does not recommend legalisation, but acknowledges that “possession of small amounts for personal use, within the confines of the home and not in public places, as long as this does not impinge on the rights of others to be at peace with themselves could be decriminalised.”
The Independent Jamaica Council for Human Rights presented a case in 1998 for removing marijuana from the schedule of dangerous drugs altogether: “the Council recommends that every individual should be able to cultivate, possess, sell, smoke and use ganja, that Rastafarians should not need any special permit to use it for their religious purposes, and that the court should have the power to treat addiction as a medical problem.”
The National Council on Drug Abuses branches into a number of semi-governmental Community Development Action Committees (CODACs). All of the CODAC representatives interviewed by the 2001 National Commission of Ganja supported decriminalisation. One coordinator based in a working-class commune in Kingston said: “the community supports conditionally the decriminalisation of possession of ganja for personal use, not because it is harmless, but under the present law law-abiding persons are treated as criminals. The smoking of ganja should be a health concern and not a criminal matter…Feelings of partiality and injustice are harboured and people lose respect for the system of law.”
A number of community groups, faith-based organisations, and health institutes offer treatment and counselling services for drug users in Jamaica.
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9. Relevant drug laws and policy documents in the country
Legislative and Government Documents
Studies, surveys and other documents
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