Manuel Heredia Junior Supports Decriminalization of Marijuana "for the Little Man"
Minister Heredia says that the trafficking and sale of drugs are at the heart of criminal activities on the island, but are there contradictory rules in place? At last Friday's House Meeting, the government tabled a bill to amend the Misuse of Drugs Act that decriminalizes possession of up to ten grams of marijuana. But the bill does not address the suppliers of the drug or even cultivation, which still remains illegal on the books. Here's how Heredia Junior responded to the proposed law.
Manuel Heredia Jr., Minister of Tourism
"This had been in the pipeline for many years, looking and in consultation. I think you heard Doug Singh yesterday when he was Minister of Police having consultations with different organizations and N.G.O.s and the churches and whatnot. And we believe that there are many of these cases that you will find people that do it not really for a habit, but because they want to concentrate probably better. Or sometimes they say because of sickness or so. But I believe that as they mention, alcohol is something that does a lot of damage…why should we be tackling the little man over there doing and not really the bigger man, the bigger persons that are really doing the bigger harm."
Reporter
"So sir, for the record, do you support this move by your administration to decriminalize that ten grams of marijuana?"
Manuel Heredia Jr.
"Yes, I definitely. If I am not mistaken it was a unanimous decision that was taken by cabinet."
After introducing for a first reading the bill to decriminalize possession of ten grams or less of marijuana in the House of Representatives in August, Prime Minister Dean Barrow indicated that a public education campaign would be needed to address certain beliefs and concerns floating around during the long-standing debate about marijuana in the last five years. He conceded that the amendment does not go nearly as far as some would like, and further than opponents like the churches want it to. But attorney Richard "Dickie" Bradley revealed to News Five today that some are already looking for loopholes in a law that hasn't even been passed yet.
Richard "Dickie" Bradley, Attorney
"A lot of persons out there believe that the suggestion by the Government, the proposal by the Government, the draft of a bill to say decriminalize ten grams of marijuana - poorly thought out and so on - but the point I want to make is that it is not the law. A lot of people are arguing with me - I'm supposed to be the lawyer, they are the "bush lawyer" and they are telling me that that's legal; they can have ten grams in their house. No law has been passed; you are not protected; they will kick down your door and ker you da station and charge you. No law no pass; it's not true."
Reporter
"It's not passed yet."
Richard "Dickie" Bradley
"Ih no pass yet, because it's not properly thought out. Who will they buy the weed from? Let me tell you what the "bush lawyers" tell me: if the man dem come ina my house and I have fifty, sixty grams of marijuana, I'll let them know: 'hear weh di happen my boy, ten da fi my brother; ten da fi my uncle; ten da fi my partner whe stay yah and so on; I noh di brok no law.' Dehn done gah dis thing figga out. (Laughs) I'll leave you with that."
The Misuse of Drugs (Amendment) Bill is referred to the Health and Human Development Committee of the House. The Prime Minister said in August that nothing has been contemplated at this juncture for those who provide and sell the drug. Offenders can face jail time if caught.
Sadly, we've talked to several local people who adamantly told us that Marijuana is now legal in Belize...... Maybe a public notice is in order for a proper understanding......
Decriminalization of Marijuana is Music for Some Persons
This Friday, Parliament will be meeting, and it is expected that the amendments to the Misuse of Drugs Act will be debated and subsequently come into effect by the end of this month. The amendments relate to the decriminalization of up to 10 grams of marijuana. This means that Belizeans will be able to access up to 10 grams of weed without being penalized. That is, no criminal charges will be laid against anyone for such small quantities. The debate is split down the middle, with some persons for the decriminalization and others against. Will the decriminalization reduce crime significantly, and thereby reduce the strain on our legal system? Or would it be a passage for persons to thereafter access more high level drugs? Love News took to the streets to find out what people had to say. We found out that decriminalizing up to 10 grams of weed is music to some people's ears.
Do you think decriminalizing marijuana is a good thing or is it a bad thing what are your thoughts?
Member of the Public
"I think it’s a good thing."
Member of the Public
"Well I think it is a good thing instead assuming that it be used for medicinal use only but in a bad way it might be abusive as well."
Member of the Public
"I actually think it’s a good thing because I know a lot of people who actually have Glaucoma, headaches and a lot of mental things that marijuana can actually help with and its not everybody that uses is a bad person like they put it. I know a lot of people that use marijuana."
Reporter
You said your grandmother uses marijuana?
Member of the Public
"Yeah my grandmother drinks it, she doesn’t smoke it. She drinks it. That does well for her because she is moving around and she’s over 80. After she drinks that she actually cuts the yard with machete."
Reporter
"Do you think the decriminalization will reduce crime significantly?"
Member of the Public
"It might be able to reduce crime significantly because a lot of time the encounter that the police has with our youths is under the disguise of looking for marijuana and the police don’t have enough reasons to search our youths now for marijuana there might be a decrease."
Reporter
"How about the argument to where these youths will have access to these drugs and they more than likely could become drug addicts in the future?"
Member of the Public
"No, but what I’m saying right now, alcohol is legal, cigarettes are legal and still a lot of our youths don’t use either of them so not because you are making marijuana a little more accessible to them they are going to use more because as it is any youth in Belize can get marijuana right now even though it’s illegal any youth in Belize has access to marijuana right now as it is."
Many were reluctant to give their opinion on camera and from among the persons interviewed, only one was against decriminalizing marijuana.
Reporter
"Are you for decriminalizing marijuana or are you against it?"
Member of the Public
"No marijuana I cannot agree with it."
Love News also spoke with Shamir Villanueva, Operations Manager of PROTEL, who shared how the decriminalization of up to 10 grams of marijuana may affect his company.
Shamir Villanueva, Operations Manager of PROTEL
"We would likely treat it the same way that we treat alcohol. Of course everybody takes a drink here and there as long as you are not under the influence at work or the substance isn’t brought into the job place then you are free to use it how you wish. So I guess in the sense we would treat that the same way as long as you are not here under the influence or you do not bring the substance into the workplace you are free to use it if that is what the law dictates."
With the decriminalization of marijuana, persons who have a criminal record due to using marijuana will be able to get their conviction expunged. It is noteworthy to mention that there are many things that the two major political parties disagree on, however, they both agree that marijuana should be decriminalized.
The Bill to amend the Misuse of Drugs Act is expected to be passed at today's Meeting of the House of Representatives; the next step is for debate and ratification in the Senate, officially making it law. Our team sat down with the Attorney General to get a better understanding of the act …
Where would you be permitted to smoke Marijuana under the proposed MODA Bill?
While you still will NOT be permitted to smoke Marijuana in public spaces, the new provisions would allow you to smoke in certain places like your home.
Under the new amendment to MODA, smoking Marijuana will be permitted at specific premises:
1. Your residence;
2. A residence owned or lawfully occupied by another person where the individual has given consent to the activity;
3. A hotel, lodging or other private sleeping accommodation for paying guests, which permits lawful smoking.
In every case, smoking Marijuana would still be governed by the rules on possession.
On August 18th, 2017, a Bill for the Misuse of Drugs (Amendment) Act 2017 (the "MODA Bill") was introduced to the House of Representatives. The Bill proposes to put in place new provisions for the possession and smoking of marijuana. The second reading of the bill will be at the House Meeting scheduled for October 20th, 2017.
Possession of 10 grams (3/8 oz. or a handful) or less of marijuana will no longer be considered a criminal offence UNLESS a person is found in possession of Marijuana on the premises of a school or other educational institution.
As long as the amount of Marijuana in your possession is not more than 10 grams, it would no longer be considered a crime to smoke Marijuana in your home, or another specified venue, with the owner or operator's permission.
A person who is under the age of 18 years and found in possession of 10 grams or less of Marijuana will be referred to an approved drug treatment or drug counselling programme at the expense of his or her parents. Under MODA, the current provision for treatment requires proof of addiction for first-time offenders; the MODA Bill goes further.
It will still be a criminal offence to be in possession of over 10 grams of Marijuana: you can be arrested, charged, tried in court, and if found guilty, you will be sentenced to a fine or to imprisonment or both. The offence will be recorded on your criminal record.
The rules against possession of Marijuana do not apply to any of the following circumstances:
Possession of Marijuana for medical and therapeutic purposes as recommended or prescribed by a registered medical practitioner or other approved health practitioner;
Prescription by a registered medical practitione or supply by a registered chemist or druggist;
Possession of Marijuana for the purpose of scientific or other research.
I heard a judge in Dangriga upheld this when an American with a medical marijuana prescription from his doctor in the US was arrested for possession, but he had his prescription so the judge tossed the case.
You will no longer be held responsible for activities of other persons, involving the use of Marijuana (i.e. smoking or possession of pipes, etc.), at premises where you are present and where the total amount in the possession of any person is not more than 10 grams.
Marijuana Decriminalization Legislation Passed By House
Tonight, Belize is one step close to de -criminalizing the possession of small amounts of marijuana. The bill was first tabled in the House of Representatives and mid-August and today it was presented for debate and passage. There was support on both sides of the house. Home Affairs Minister Wilfred Elrington gave the second reading of the historic piece of legislation:..
Hon. Wilfred Elrington, Minister of Home Affairs "To decriminalized the possession of Cannabis in amounts not exceeding 10 grams, to provide for the possession of monetary and non-recordable penalties for the possession of Cannabis in such amounts occurring on school premises in specified circumstances to decriminalized the smoking of cannabis on private premises and to provide for matters connected therewith or incidental thereto."
Hon. John Briceno, Leader of the Opposition "I think it would be naive for us on this side of the honorable house to feel that smoking weed is not prevalent in our society. Probably most of us in the room had one time probably take a little smoke."
"Nonetheless, the Opposition will support the amendments to the misuse of drug act, for we strongly believe that the time has come, has long pass when we should be locking up people, especially young people, for smoking a stick of weed."
"As for me, my difficulty with the current legislation is that it stops at decriminalization. I feel that it would been better if we had done all the studies and made the preparations to go even further and move towards the legalization of marijuana."
"While I respect the opinion of those who are against this, I believe that there are numerous benefits to legalizing the use of marijuana in certain small quantities. Who knows, one day maybe we could allow the Prime Minister - he has a lot of pain in the house - that he could take a little smoke to ease the pain. Or, hold on member from Mesopotamia, that they allow some of the members in here to take a little smoke before they come so that they could behave good and not behaving bad in the house."
"I know we are taking it as light matter, but it is something serious and I think that it is something whose time has come."
Hon. Francis Fonseca "This bill does not legalize marijuana, first of all. That is not an issue here at all and nobody at all is promoting or advocating the smoking of marijuana. That is not the purpose of the bill. That is not the intention of the bill. That is not the subject of the bill. Nobody is promoting the smoking of marijuana."
Hon. Elodio Aragon, Minister of State - Home Affairs "I just want to make it clear that this amendment to the misuse of drugs act is the mere possession of 10 grams or less of marijuana will no longer be a crime. In other words it will no longer be a criminal offence. Unless possession occurs on the premises of a school or other educational institution. Farther more it remains a criminal offence to be in possession of over 10 grams of marijuana. Offenders can be arrested, charged, tried in court and if found guilty, sentenced to a fine or to imprisonment or both. The conviction will also be recorded on that person's criminal act. This is decriminalization of marijuana. It's not a wide spread open use of marijuana."
"In terms of smoking of marijuana - where the amount in possession is more than 10 grams will no longer be a crime. Where it is done in the person's own home or other specified accommodation with the owners/operators permission. A hotel lodging or other private sleeping accommodation for paying guests which also allows lawful smoking to be carried out. In every case smoking of marijuana would still be govern by the rules on possession of marijuana referred to what I have just mentioned. Smoking of marijuana anywhere else is illegal. It will also assist in the reduction of persons at our prisons and it will also assist the entire criminal justice system ranging from the police to prisons and it would in effect create a cost saving in regards to arresting, sentencing and imprisonment which we all know comes with a budgetary resources that has to be allocated to ensure that these things be carried out. But most important I think this act will also allow for law enforcement personnel and the ministry to focus and concentrate more on the serious crimes that are affecting and plaguing our societies and our communities across this country and like the leader of the opposition said he would have wanted to see the whole legalization of marijuana, but I believe that it is prudent that we as a responsible government take this one step at a time as we progress to ensure that we always make the right decision that will be a betterment for our nation. Thank you."
So the bill has been passed in the house with bi partisan support. But, we stress, it is not yet law. The Senate still has to pass it and then the Governor General has to give his assent.
THE GOVERNMENT AND OPPOSITION AGREE TO DECRIMINALIZE 10 GRAMS OF MARIJUANA
A total of 12 bills and a $20 million loan motion were discussed at today's House meeting. Among the bills that went for the third and final reading is the Misuse of Drugs Act, which is legislation to decriminalise the use and possession of 10 grams of Marijuana. The Opposition Leader gave his comments on the bill today, citing that while he would have preferred Legalisation, decriminalisation is an important first step. But for those who have been anticipating the piece of legislation, you still have to wait as the bill will be going before the Governor General for assent before it becomes law.
San Pedro Police Explain New Marijuana Laws at Public Consultation
The consultation began at 6PM, and was facilitated by Senior Superintendent and Legal Officer of the Police Department Bart Jones. "Misinformation is one of the major issues we will face with this new law, as people will feel that they will be able to smoke anywhere," said Jones. The new laws allows a person to smoke/posses 10 grams of marijuana within private property; the public smoking regulations will remain. Also, this new law will not apply to current rules educational institutions have regarding drug policies on school compounds, and students are subject to school regulations. Jones also addressed the issue of establishing disciplinary measures against police officers found in possession of 10 grams or more once the law goes in to effect.
According to the new law, under-age persons found with 10 grams of marijuana or less will not be arrested, but police will confiscate the marijuana. Thereafter the person will be put under the National Drug Abuse Control Council (NDACC) for further assistance, such as drug counselling. Jones further stated that although it is legal to possess and smoke up to 10 grams, this law does not apply to resort guests unless approved by the establishment. Jones believes that positive things will come from this new law. "This new law will allow police officers more time to deal with bigger cases within the society. Also, the court agenda will have more space for other more important issues."
The new law also seeks to eliminate any conviction up to $1,000 for previous marijuana offences an individual may have from their police record. It was also noted that a police officer may not question someone if they are found with 10 grams or less of marijuana, as the Government of Belize is not concerned with where/how the drug was obtained. However, police will continue to target suppliers as drug trafficking is an offence, and the new law only decriminalizes the possession of 10 grams or less of marijuana.
The new law is not yet in effective. It went through its second reading on Friday, October 20th at the House of Representative in Belmopan City, and should go into effect within the next couple of weeks.
Click here to read the rest of the article in the San Pedro Sun
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"To decriminalized the possession of Cannabis in amounts not exceeding 10 grams, to provide for the possession of monetary and non-recordable penalties for the possession of Cannabis in such amounts occurring on school premises in specified circumstances to decriminalized the smoking of cannabis on private premises and to provide for matters connected therewith or incidental thereto."
"I think it would be naive for us on this side of the honorable house to feel that smoking weed is not prevalent in our society. Probably most of us in the room had one time probably take a little smoke."
"This bill does not legalize marijuana, first of all. That is not an issue here at all and nobody at all is promoting or advocating the smoking of marijuana. That is not the purpose of the bill. That is not the intention of the bill. That is not the subject of the bill. Nobody is promoting the smoking of marijuana."
"I just want to make it clear that this amendment to the misuse of drugs act is the mere possession of 10 grams or less of marijuana will no longer be a crime. In other words it will no longer be a criminal offence. Unless possession occurs on the premises of a school or other educational institution. Farther more it remains a criminal offence to be in possession of over 10 grams of marijuana. Offenders can be arrested, charged, tried in court and if found guilty, sentenced to a fine or to imprisonment or both. The conviction will also be recorded on that person's criminal act. This is decriminalization of marijuana. It's not a wide spread open use of marijuana."
