Illegal for Police to lock up persons for small amounts of ganja – Nandlall

Attorney General Anil Nandlall on Tuesday called out Police ranks who continue to detain and lock up citizens found with small amounts of marijuana, saying it amounts to a misapplication of the recently amended Narcotic Drugs and Psychotropic Substances Control Act.

Nandlall has rebuked what appears to be a constant disregard of the new clauses of the Act by law enforcement.

The 2021 amendment, which allows individuals found with 30 grammes or less of cannabis to avoid prison time, is not being enforced as intended.

Reports have surfaced of individuals being detained for possessing as little as 15 grams of marijuana.

In fact, earlier this week, a man nabbed with 4.2 grammes of marijuana was placed into custody. The man, identified as Coconiah Jupiter, reportedly told Polic in Matthew’s Ridge, Region One, that the narcotics were for medicinal use.

When quizzed about the law amendments and this specific case, Nandlall said it shed light on the legal framework that should protect citizens from wrongful detention.

“An incident was reported where a person was locked up by the Police for having less than 15 grammes of marijuana,” Nandlall stated.

“We amended the Narcotics Act in November 2022 to eliminate mandatory custodial sentences for possession up to 30 grammes,’” he added.

Nandlall clarified that in keeping with the law, possession of zero to 15 grammes mandates counselling, while possession between 15 and 30 grammes may result in community service, with no possibility of imprisonment.

“If the court cannot impose a prison sentence, then the Police cannot lock someone up for that offence,” he stressed.

The Attorney General reiterated that the principle of law is clear.

“If an offence does not carry imprisonment upon conviction, the Police cannot detain individuals prior to trial. Bail must be granted in such cases.”

In a decisive warning, Nandlall urged Police officers to comply with the law.

“They are advised not to detain individuals for possession of marijuana below 30 grammes. They must charge the individual and present them before the Magistrates’ Court,” Nandlall asserted.