The marijuana political play

With scientifically conducted surveys indicating widespread support for the legalization of marijuana for medicinal use in The Bahamas, and also strong support for recreational use, the Minnis administration – bereft of ideas for economic diversification and running out of time to implement measures that would be meaningful and economically beneficial – has decided it will pursue the establishment of a medical marijuana industry.

Without a doubt, the Minnis administration is pursuing a populist position as it appeals to a certain segment of the population who will view the move as progressive.

A December 2020 report produced by market research and strategy firm Public Domain for The Bahamas National Commission on Marijuana showed that 84 percent of respondents supported the legalization of cannabis for medical use.

Eighty percent of respondents said they would take cannabis if prescribed by a doctor; 58 percent said children should be allowed to take cannabis if prescribed. 

Thirty-nine percent of respondents said cannabis should be legalized for recreational use by adults. While not a majority, this shows popular support for recreational use.

Another 45 percent said cannabis should be legalized for religious sacramental purposes.

Legalizing marijuana in any form was not a plank of the Free National Movement’s 2017 election campaign, but local and regional support for such an effort has been building over years.

In its 2018 report, titled, “Waiting to Exhale — Safeguarding our future through responsible socio-legal policy on marijuana”, the CARICOM Regional Commission on Marijuana stated that prohibition of marijuana denies the CARICOM region substantial economic benefits, both in terms of savings from the negative costs accrued by law enforcement, fighting prohibition induced crime, reduced black market, and from the potential positive benefits.

The commission said the region can benefit from developing a cannabis industry, creating innovative enterprise, providing employment and encouraging entrepreneurship.

An economics study commissioned for the commission illustrated that the highest financial benefits will come from a fully legalized model that is strictly regulated and the lowest benefit will come from decriminalizing only.

“Consideration should be given to establishing fixed prices and moderate taxes, taking care not to re-kindle the black market. While prices will fall, revenue will accrue because of sales, taxes and related measures,” the report concluded.

In addition, the region’s already established and developing tourism economy can be leveraged further by a cannabis industry located in safe and secure environments, it said.

Relocate Antigua – an online site that assists clients in investing, visiting or immigrating to Antigua and Barbuda – addressed the issue of medical marijuana in the Caribbean last November, noting that many Caribbean nations are revising their approach to legalizing the use of medical cannabis, following in the footsteps of countries such as the United States, Canada, Australia, Germany, the Netherlands, Switzerland and the United Kingdom.

“Estimated to be worth a whopping $150 billion globally, the medical cannabis industry is not to be sniffed at,” the article states. “In the Caribbean, Jamaica has emerged as a forerunner in the medical legalization game, with the Jamaican Cannabis Licensing Authority estimating trade between medical licensees at over $100 million in 2019 alone.

“As well as benefiting growers, packers, transporters and distributors or retailers, the medical cannabis industry supports a huge number of satellite jobs and industries, such as specialist tourism and accommodation providers that would be allowed to offer weed-friendly holidays, tours, and experiences.”

The site lists Jamaica, Puerto Rico and Saint Vincent and the Grenadines as Caribbean nations where medicinal cannabis is regulated.

Virgin Islands, Trinidad and Tobago and The Bahamas are listed as nations where regulations are due to be given the green light.

CONCERNS

The Minnis administration has opted against full legalization of marijuana, choosing not to pursue an industry for recreational use at this time – which would be more controversial than a medicinal marijuana industry – although it is proposing to decriminalize possession of up to two ounces of cannabis, according to a draft of the Dangerous Drugs (Amendment) Bill, 2021.

The government has not yet explained what its key motivation is for moving the marijuana legislation at this time – whether it is a desire to help individuals have access to the miracle plant to broaden their options for medicinal help with their ailments, or a desire to provide economic diversification and a new source of tax revenue.

The Medicinal Cannabis Bill, 2021, outlines the various licenses that would be available once the legislation is enacted, but there is not yet any information on what this new industry could yield. Perhaps the prime minister will give some indication in his budget communication to Parliament today.

Under the bill, “Cannabis cultivated in or imported in The Bahamas shall only be sold on a commercial basis for research or medicinal use. Cannabis materials or cannabis products manufactured or imported into The Bahamas shall only be sold on a commercial basis for research or medicinal use.”

Under the new regime, medical doctors would be allowed to issue prescriptions for marijuana for patients age 21 and older that could be filled at local pharmacies. Those under 21 would be permitted to use prescribed medicinal cannabis if granted consent by a parent or guardian.

It is clear that there is still much to work out, however, in terms of a framework and regulations for a medical marijuana industry.

Calling into Guardian Radio’s “The Revolution” with host Juan McCartney last Thursday, Dr. Marcus Cooper, immediate past president of The Bahamas Medical Association, said, “There are no physicians who can prescribe marijuana. There are no prescribing guidelines for whole plant marijuana. There is no physician who can tell you what the dosage of marijuana is for any condition. There is no physician who can tell you what the immediate or long-term side effects are, although they are minimum, of cannabis.”

Cooper said physicians can “suggest” or “recommend” cannabis but “there are no prescribing guidelines for whole plant cannabis”.

“I think we really need to rethink the jargon that’s used in this bill because people are going to expect that they can go to a physician who will say, ‘take two joints every six hours and this should help for your seizure’,” he said. “You don’t know, depending on where you get your marijuana from, how much THC is in there.

“… I just think before we do this, a lot more work needs to be done on the science of medical marijuana or medical cannabis and are we going to be using whole plant cannabis or are we going to be using cannabinoids?”

Cooper said the regulations are going to have to be “very, very specific”.

While the Bahamas Christian Council has expressed concerns about both the Dangerous Drugs (Amendment) Bill, 2021 and The Medicinal Cannabis Bill, 2021, we do not foresee the government facing a major pushback to the proposed legislation.

As far back as 2018, Opposition Leader Philip Brave Davis told The Nassau Guardian it was time for the country to at the very least consider the benefits of medical marijuana.

“I am advised it has medicinal [benefits] by use, and if it does have that, why should we not allow for persons who could seek relief from their illnesses from its use [to do so]?” Davis asked.

“And if so, yes, in a limited way. We need to redress this whole matter.”

In May 2019, Davis, when asked if he agrees there should be a move to decriminalize recreational use of marijuana, told The Tribune: “Yes. Once we understand all of the social implications and impact … And I think there are other things and protocols that go along with decriminalization, which ought to be worked out and sorted [so] it doesn’t have any adverse effects on people, on society, etc.”

But Davis in March 2021 expressed reservations about legalizing the drug for recreational use.

In its economic plan, the Progressive Liberal Party said if elected, it would, “Develop a comprehensive regulatory framework for growing, harvesting, and exporting cannabis, so that the industry creates opportunities for many, not just a few.”

The party said it would also “encourage joint ventures in the medicinal cannabis industry”.

Yesterday, Christian Council President Bishop Delton Fernander said the Medicinal Cannabis Bill seemed unnecessary.

“We have always stated that we don’t see the need for a bill for medical marijuana if it’s medicine,” Fernander said. “We don’t have a bill for codeine or any of the other medicines. We accept that it is being used for medicine but it is kind of strange that we need a bill to make it that. There is no bill for morphine; there’s no bill for all the heavier drugs.”

We think that with more research the Christian Council leaders would understand why medicinal marijuana cannot be legal without legislation. 

The Christian Council is also concerned about the Dangerous Drugs (Amendment) Bill.

“You are basically legalizing marijuana,” Fernander said.

“… If you legalize two ounces you are making it legal to smoke marijuana, so we’re waiting to see what the final bill will be.”

The government is expected to table legislation in Parliament today to provide for the establishment of a medical marijuana industry.

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