Clouden warns marijuana legislation will not happen overnight

by Linda Straker

• Commission mandated to hold broad-based consultations and public awareness
• Clouden recommends Governor General pardon people 25 years and under
• Constitution Act Section 72 focuses on Prerogative of Mercy

Anselm Clouden, the lawyer representing the Ministry of Legal Affairs on the recently established Commission on Cannabis Legalisation and Regulation, has warned that the legalisation of marijuana will not happen overnight. In the interim, Clouden recommends that the Governor General pardon people 25 years and under who were charged, convicted, or imprisoned for simple cannabis possession.

“This thing is not going to happen overnight; it is going to take time,” Clouden told reporters during a news conference last week. Clouden stated while the laws relating to cannabis are under review, the government should clean the records of those with this criminal conviction against their names. “For example, we have laws on the book that prohibit possession of any quantity from one marijuana cigarette joint to how much for possession of trafficking.”

The well-known criminal lawyer said those under 25 are in a special group because they want to pursue studies overseas, become more viable on the job market, travel to foreign universities, and will need a visa.

“Having that stain on your record, especially young people inhibits or sometimes creates denial on such applications …it does not say what quantity you have, it just says that you were found guilty of being in possession of a controlled drug,” he said.

He advocates for those convicted for simple possession to receive a pardon from the Governor General as allowed under Section 72 of the Constitution Act, which focuses on the Prerogative of Mercy.

That section of the Constitution Act states that the Governor-General may, in Her [His] Majesty’s name and on Her [His] Majesty’s behalf —

(a) grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence

(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; or

(d) remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Crown on account of any offence

However, these actions can only occur following the advice of the Prime Minister.

Clouden said that some of those charged may or may not have done time in prison, but there should be a clearing of the record, and that should be done through a pardon. “The Governor General can pardon them, so they become “virgo intacta” with a clean record, so they can apply for visas to travel and not have to say on those applications that they have been convicted of possession or simple possession. I think that is a good step in the right direction only,” he argued.

Clouden further explained that whatever recommendations the committee make, they will keep with the Caricom guidelines because Caricom has done extensive research in this area, both on the medical front and also on the recreational front.

The ruling Dickon Mitchell Administration has appointed businesswoman Rolanda McQueen as the Chairman of the 12-member Commission on Cannabis Legalisation and Regulation, whose task includes holding consultations with the public as the government seeks to develop a framework for the legalisation of cannabis in Grenada.

The legalisation of cannabis is one of the economic initiatives Government is seeking to make a reality. That was announced by Governor General Dame Cecile La Grenade when she presented the traditional throne during the recent opening of the 11th Parliament in late August 2022. It was a promise made by the ruling National Democratic Congress team during the recent election campaign. Grenadian elected a new government on 23 June 2022.

The Commission is mandated to hold broad-based consultations and engage in public awareness on the policy decision to legalise cannabis within a legal and regulatory framework, to develop cannabis industries, and to maximise the potential of hemp and its by-product.

The members of the Commission —including working experts, and people with a background in law, medicine, religion, business, and youth development — had its first meeting on 20 September 2022. They are mandated to complete the assessment and present findings and recommendations no later than 14 months following the first meeting date. They must also prepare a final report with advice on the design of a new legislative and regulatory framework to legalise cannabis within a legal and regulatory framework for its production and sale, develop the cannabis industry for medicinal benefits and maximise the potential of hemp and its by-products for export.