Responding to the increasing calls from the public, NGOs and other
stakeholders in the region and amidst the changing global environment,
the CARICOM Conference of Heads of Government at its Twenty-Fifth
Inter-Sessional Meeting convened in St. Vincent and the Grenadines, 10
-11 March 2014, mandated the establishment of a Commission to
interrogate the issue of possible reform to the legal regimes regulating
cannabis/ marijuana in CARICOM countries. The Heads were deeply
concerned that thousands of young persons throughout the region had
suffered incarceration for marijuana use and consumption and many, after
their first experiences with the law, resolved to continue with crime
as a way of life. Inconsistent applications of the law had led to deep
resentment and non-cooperation with law enforcement agencies.

They
were mindful too, that for years, Caribbean citizens had promoted the
value of marijuana for its medicinal properties.  Increasingly, these
claims appeared to be confirmed by emerging scientific evidence. There
was also a concern that without action, the region could be left behind
because of fast-paced global trends toward law reform in terms of
cannabis/marijuana. Already, several states in the United States had
decriminalised the use of marijuana for medicinal uses. Uruguay, a
sister OAS state, had legalised the consumption of marijuana.

CARICOM
Heads recognised that unanimity or coherence of legal and social policy
among Member States might help illuminate difficult policy issues in
non-partisan political ways and help cushion the negative impact of
reservoirs of controversy from opposing stakeholders in the policy
debate. It was also recognised that there was an uneven dialogue
existing in the region. Indeed, some CARICOM countries had already
embarked on plans to change the existing legal policy on marijuana.
However, there was concern that a ‘go it alone’ approach might cause
instabilities in other CARICOM countries, so that a regional policy
approach was desirable. A regional approach would also enhance the
legitimacy of any policy reform initiatives. In addition, an
establishment of regional social and legal policy with CARICOM existing
within a unified position of solidarity was seen as an effective way to
interface with countries outside of the region on what is a delicate
issue and to meet the challenges of the existing international treaty
framework on cannabis.

CARICOM Heads resolved to proceed with
care, mindful of the need to capture the complex, multi-faceted
socio-economic, legal dimensions of cannabis/marijuana legal policy and
to divorce this sensitive issue from the politically partisan
stranglehold that often accompanies calls for change. These include
referenda, which have often provided fertile ground for the ‘hijacking’
of important social issues by partisan agendas.

Those who
supported the establishment of a regional Commission favoured an
approach that was grounded in comprehensive research, objective, honest,
evaluation and a balanced public policy framework which a regional
Commission of independent, inclusive experts could achieve. The
Commission undertook its task mindful of the responsibilities and
imperatives which had been bestowed upon it and with the seriousness
that it deserved.

An important part of the Commission’s mandate
was to undertake national consultations in Member States to harness the
views of the CARICOM public. The depth of interest, passion and
knowledge exhibited by Caribbean peoples that accompanied the work of
the Commission was perhaps surprising to some Commissioners and even the
policy-makers who attended packed public meetings. They spoke to broad
issues, moving way beyond the narrow constraints of medical marijuana,
to embrace notions of social justice, human rights, economics, regional
hegemony and their right to health.  As the Heads of Governments meeting
drew near and the public got wind of the finalisation of the eagerly
anticipated Report to the Heads, the Commission was flooded with
additional submissions from across the region.

The law on
cannabis/ marijuana is clearly an issue of deep social significance to
Caribbean peoples. The Commission is pleased and indeed honoured that it
was able, through the wise decision of the CARICOM Heads of Government
in 2014, to be the mechanism through which these important voices were
heard, an expression of genuine democracy. It hopes that this Report
will be an important developmental tool centred on human rights and
democratic ideals consonant with the sustainable development goals
(SDGs) that CARICOM has embraced enthusiastically and that it will bring
meaningful change to Caribbean peoples.

June 8, 2018

Professor Rose-Marie Belle Antoine

Chair, CARICOM Regional Commission on Marijuana, on behalf of the Commission

DPhil (Oxon); LLM (Cambridge); LLB (UWI); Attorney-at-Law