The Cayman Islands voted in a referendum on Wednesday to support the proposal of the British self-governing territory that marijuana use and possession would no longer be punishable by law.
This non-binding vote is meant to help inform discussions in the Cayman Islands Government on decriminalizing personal use and possession. Under such a policy cannabis would technically still be illegal and there would continue to be penalties for the sale and distribution of this substance.
On the ballot, voters were asked if they supported the “decriminalisation” of consumption and possession in small quantities of cannabis. A simple majority was required to make the referendum successful.
The interim results published on Wednesday night showed that the measure had been approved with a margin of 60 to 40 percent, including ballots that were rejected for being “spoiled.”
The details of a future policy reform are sparse. It’s not clear how much marijuana is “small enough” to be decriminalized. On a website dedicated to the proposal, the government defines “small quantity” as a “set limit (e.g. less than 10 grams) which would be defined in law.”
The change will also remove the The criminal justice system penalties for cannabis, it’s expected that those caught with illegal marijuana would still face some sort of sanction—which is still unspecified.
The government site about the proposal distinguishes between decriminalization—”removing criminal penalties for possession of small amounts, but cannabis remains illegal”—and legalization, which it defines as “making cannabis fully legal and setting up a regulated market.”
Cannabis cannot be grown or sold legally.
Cayman Compass, a local publication reports that those who support the referendum claim the current law does not curtail marijuana usage effectively and leaves people with criminal records for relatively minor crimes. Those criminal records can hinder opportunities for employment, travel, and education.
Some critics are worried that this reform may increase cannabis usage among youth and cause them to turn to more harmful drugs.
Marc Lockhart is a psychiatrist and former chairperson of the Cayman Islands Mental Health Commission. He told Cayman Compass, that although he was taught in medical school to view marijuana as a dangerous substance that had no therapeutic value, he now supports decriminalization.
“I’ve seen that some people who were using it illicitly were benefiting from its use…such as people with chronic pain issues, especially nerve pain, people with MS [multiple sclerosis]”, people who have seizures and other conditions,” he added. It doesn’t mean, however, that the school will distribute it or we endorse that it should be available to children. “But putting into place guard rails as well as methods to monitor the use of and access to cannabis will be better for the environment and for young people.”
Lockhart also claimed that the loosening of restrictions regarding marijuana possession would actually lessen stigmatization and lead to more people enrolling in treatment.
The psychiatrist stated that “right now, both young and adult cannabis users are scared to get treatment.” They are scared that their cannabis use will be recorded, their insurance will not cover it, and it may affect their job or immigration status. It keeps them away from the treatment.
In 2017, the Cayman islands legalized medical marijuana.
Recently updated advice for international travelers by the U.S. Centers for Disease Control and Prevention offers guidance around travelling with controlled substances, such as cannabis and cannabinoids.
This document warns for instance that despite the fact that cannabis-based medication is legal in an increasing number of jurisdictions around the world, mere possession can cause travel delays and denials of entry, as well as arrests and prosecutions. The report warns that CBD is not a controlled substance anymore under federal law, but is still regulated by some states.
Last year, for example, actress Rachel Sennott spoke about how she had been arrested in the Cayman Islands for possessing CBD.
The heads of the 19 Caribbean countries agreed in 2018 to “review cannabis’ current status, with a view towards reclassification,” taking into account “human rights and religious issues” arising from criminalization. They also noted “the benefits that can be gained” by legalization.
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