Tag: bermuda

Bermuda was on a path to making significant cannabis policy reforms this year. However, all of the progress hit a dead end when the Governor of Bermuda, who is appointed by the United Kingdom, effectively vetoed a cannabis reform measure previously passed by Bermuda lawmakers. Fortunately, there appears to be some hope that the measure could still become law.

As we previously reported on the International Cannabis Chronicle, Boris Johnson’s departure as Prime Minister of the United Kingdom could potentially speed up cannabis reform in the UK. It could also prove to be significant in Bermuda as well. Current UK Foreign Secretary Liz Truss has indicated that she is considering granting ‘royal assent’ to Bermuda’s bill. It was the previous withholding of royal assent by the UK-appointed Governor (Rena Lalgie) that blocked the cannabis reform measure from becoming law.

Filling The UK Political Vacuum

Liz Truss has not publicly announced if/when she will make a formal decision on the matter. All that we have to operate on right now is that ‘A Government House spokesperson’ told The Royal Gazette that “The foreign secretary is considering whether assent can be given, and the Governor awaits a decision.”

It’s absolutely worth noting the context in which Truss will be making the decision that is being reported in Bermuda and the UK. With Boris Johnson on his way out, Truss is expected to pursue the Prime Minister position. How successful she will be if/when she chooses to pursue the effort is unclear, however, along the way she will likely try to make some bold moves to boost support for her as Prime Minister. Granting royal assent to Bermuda would be a great way to do exactly that.

Continued Colonization

The entire concept of royal assent is based on colonization. Bermuda is unfortunately not really its own country in the eyes of the international community, but rather, a British colony. Bermuda was originally colonized following the English Virginia Company permanently settling there in 1609. Later, following the unification of the parliaments of Scotland and England in 1707, Bermuda’s current British colony status was forced on the Bermuda population and has remained in place ever since.

Due to the colony status, Bermuda has to receive approval, or ‘royal assent,’ in order to implement the bills that its own lawmakers approve. It’s an absolutely ridiculous concept that is designed to keep the local population oppressed. From that perspective, not only does the UK need to respect the will of voters and lawmakers in Bermuda, but it also needs to let the people of Bermuda govern themselves without any interference by the UK.

In a move that was widely expected to happen the Governor of Bermuda, who is appointed by the United Kingdom, effectively vetoed a cannabis reform measure passed by Bermuda lawmakers.

While the decision to ‘reserve assent’ by the Governor was expected, it’s no less defeating for cannabis advocates in Bermuda and elsewhere around the world.

When public officials do not want to respect the will of the people and proceed to stand in the way of cannabis reform they seem to be increasingly pointing to international treaties as ‘justification’ to not allow reform to proceed, which is exactly what happened in Bermuda. Per Bernews:

“In terms of cannabis reform, the key international obligations are set out in United Nations Conventions [the 1961 Single Convention on Narcotic Drugs, and the 1971 Convention on Psychotropic Substances]. The Conventions permit legalisation of cannabis and cannabis products for medicinal and scientific purposes, and for certain industrial purposes, as long as appropriate regulatory oversight is put in place.

“The legalisation of cannabis for other purposes is not permitted under the Conventions. It is possible to decriminalise the possession of limited amounts of cannabis for personal use, but that is not the same as making cannabis legal, for example, for sale in shops and cafes.

“The Bill presented to me legalises cannabis for other purposes. So, it appears to me that the Bill is inconsistent with what I understand to be obligations that the UK and Bermuda have under the Conventions and assenting to the Bill would lead to a breach of those obligations.

“I therefore have no choice but to reserve Assent of the Bill under Section 35 [2] of Constitution and to notify the Secretary of State for Foreign, Commonwealth and Development Affairs.

It is worth noting that Canada signed on to the 1961 Single Convention on Narcotic Drugs that the Governor references. Canada also was represented at the 1971 convention that the Governor mentioned. Canada also allows the legal sales of cannabis ‘in shops’, all of which the Governor of Bermuda seems to not know about apparently (I am being sarcastic, of course).

The move by the Governor was pure reefer madness. Uruguay sells cannabis in pharmacies and at clubs, Canada sells cannabis in just about every way imaginable, and Malta will soon permit sales via private clubs as well.

If lawmakers in Bermuda want to launch a robust, legal cannabis industry then they should be allowed to do so. For the United Kingdom to stand in the way is ridiculous and a prime example of the lingering, negative effects of colonization.

Bermuda appears to be on a cannabis policy collision course with Britain. Last year the lower chamber of Bermuda’s legislature passed an adult-use cannabis legalization measure. Unfortunately, after passage in the lower chamber, The Cannabis Licensing Act then went to the upper chamber where the bill hit a dead end.

The legislation was blocked from receiving a vote, and it had 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 happened this month.

Once again, the lower chamber passed the bill, and apparently, according to the legislative process in Bermuda, the bill cannot be blocked again by the upper chamber. The measure now awaits ‘Royal Assent’ from the Governor. Per Royal Gazzette:

It will be legal to grow and sell cannabis – if controversial legislation passed in the House of Assembly yesterday gets Royal Assent from the Governor.

The Cannabis Licensing Act 2022 would create a regulated framework for growth and sale of the drug.

A series of licences would be available through a licensing authority, which will allow people to not only possess more of the drug, but also to grow, harvest, sell, and export it.

Rena Lalgie, the Governor that the measure is going to, has made it very clear that their position is that cannabis legalization was not allowed under the ‘UK’s international obligations.’

That, of course, is a very poor excuse given the fact that three countries have already legalized cannabis for adult use, including a country in Europe (Malta). If those countries can legalize cannabis despite ‘international obligations’ then Bermuda should be allowed to do the same.

According to Bermuda’s constitution which was enacted in the late 1960s, the British monarch is the head of Bermuda and is represented by the Governor. Bermuda itself is considered to be a self-governing British overseas territory, but the property of Britain nonetheless.

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.