Author: Johnny Green

Bermuda is one of many nations around the world that is working to reform its harmful cannabis policies. As we previously reported, Bermuda’s efforts include adult-use legalization, although threats of interference by Britain are proving to be a major hindrance for that particular component.

A measure was passed in Bermuda in 2020 which sought to remove cannabis offenses from people’s records when the charge(s) involved possession of a personal amount of cannabis. Unfortunately, the process of automatically expunging records is hitting a major hurdle, as described by Royal Gazette:

A law designed to clear the criminal convictions of people caught with small amounts of cannabis has hit problems because old documents often failed to quantify the amounts of drugs involved.

The Attorney-General, Kathy Lynn Simmons, told MPs on Friday that work to expunge records of people caught in possession of small amounts of the drug since a legal change in 2020 had faced problems because of patchy police and court records.

She admitted: “To date, two expungement orders have been issued by the minister and we are seeking remedies as it relates to other applications.”

Unfortunately, as other jurisdictions around the globe work to expunge old cannabis convictions, this is likely to be a re-occurring problem. When many of the current laws on the books around the world were implemented, reefer madness was running rampant. As a result of that, all acts involving cannabis were treated harshly, regardless of the amount involved.

A cannabis conviction on a person’s record can have a negative impact on that person’s life well into the future, way past the point that they paid their fines and/or served their time. That is true even in jurisdictions that have legalized cannabis for adult use.

My father was convicted in Oregon in the 1980s of a cannabis-only offense involving 4 ounces of brick weed. Oregon legalized the possession of 8 ounces back in 2014, with the law taking effect in 2015. He still fails background checks in 2022 even though Oregon legalized cannabis years ago. It’s one of many unfortunate examples of how a cannabis offense on a person’s record can have a lasting, negative impact.

Cannabis reform is on the move in the Caribbean region, with several countries now operating legal medical cannabis industries. So far, no country in the region has legalized cannabis for adult use, however, at least one country is somewhat close to doing so.

Last year the lower chamber of Bermuda’s legislature passed an adult-use cannabis legalization measure. After passage in the lower chamber, The Cannabis Licensing Act 2022 then went to the upper chamber where the bill hit a dead end.

The legislation was blocked from receiving a vote, and it has essentially collected dust for the last year. The upper chamber in Bermuda’s legislature can only hold up a bill for one year before it has to be sent back to the lower chamber for another vote, which is what has happened.

While the bill is likely to be approved once again by the lower chamber, it still faces an uphill battle after passage. One of the main reasons that opponents of the bill cite as to why they won’t support the measure is that they feel that Britain will not sign off on it. Per Royal Gazette:

The Cannabis Licensing Act 2022, tabled by Kathy Lynn Simmons, the legal affairs minister and Attorney-General, was drawn up to make recreational use of cannabis legal and to regulate production of the drug.

But, if passed as is likely, the legislation could create a flashpoint with Britain as Rena Lalgie, the Governor, has made it clear that the legislation would breach British international treaty obligations.

David Burt, the Premier, raised the stakes after he insisted that refusal of Royal Assent for the Act would “destroy” the island’s relationship with Britain.

Around the time of the passage of The Cannabis Licensing Act 2022 Premier Burt insisted that failure to grant Royal Assent to something that Bermuda passes would be unacceptable, as touched on above.

“This legislation will pass … If Her Majesty’s representative in Bermuda does not give assent to something that has been passed lawfully and legally under this local government, this will destroy the relationship that we have with the United Kingdom.” Burt said according to Royal Gazette at the time.

The best thing that Bermuda can do is to pass the legalization measure and put pressure on Britain to do the right thing and go from there. Unfortunately, as long as the threat of Britain blocking the measure is lingering out there, cannabis opponents will continue to point to it and drag their feet. It is up to supporters to overcome that hurdle.