The Decriminalization of Marijuana – The Do’s and Don’ts

In 2019 the government of Trinidad and Tobago took a significant step by decriminalizing possession of small amounts of marijuana. However, if you engage in the use of marijuana, it’s important to know the rules that govern same to ensure compliance with the law.

Cannabis: More Than Just the Flower

When we talk about cannabis, we’re not just talking about the dried buds that one may be imagining. According to the Dangerous Drugs Act, as amended (‘the Act’), cannabis comprises the entire plant or any part of the plant, including the seeds. This includes any compound, extract or product derived from the plant. The law also includes cannabis resin, a sticky substance secreted by the trichomes of the plant, whether crude or purified. However, it excludes oil made from seeds, fibre produced from the stalk, seeds incapable of germination, or any ingredient combined with the plant or its derivatives.

The Do’s

Under the Act, you can legally possess up to thirty (30) grammes of cannabis, which is roughly an ounce. As for the more potent cannabis resin, you are limited to five (5) grammes. If you want to grow your own, you can cultivate up to 4 cannabis plants.

The Don’ts

1.    Don’t Exceed the Legal Limits!

If you are found over the legal limit, there is a tiered penalty system under Section 5 of the Act.

• For possession of cannabis between thirty (30) – sixty (60) grammes or possession of cannabis resin between five (5) – ten (10) grammes, you can be fined up to fifty thousand dollars ($50,000.00) on summary conviction. If unable to pay the fine, the Court may impose thirty (30) hours of community service.
• For possession of cannabis between sixty (60) – one hundred (100) grammes or possession of cannabis resin between ten (10) – fourteen (14) grammes, you can be fined up to seventy-five thousand dollars ($75,000.00) on summary conviction. If unable to pay the fine, the Court may impose up to 50 hours of community service.
• For possession of cannabis exceeding one hundred (100) grammes or possession of cannabis resin exceeding fourteen (14) grammes, the penalty is a fine of two hundred and fifty thousand dollars ($250,000.00) and imprisonment for five (5) years on summary conviction. Upon conviction on indictment, a fine of one million dollars and imprisonment for fifteen (15) years can be imposed.
• Cultivating more than four (4) plants attracts a penalty of a fine of seven hundred and fifty thousand dollars ($750,000.00) and imprisonment for ten (10) years upon summary conviction. Upon conviction on indictment a fine of two million dollars or ten (10) times the street value, whichever is greater, and imprisonment to life is the punishment.

2.    Don’t Sell It!

It is still illegal to sell cannabis as this is considered drug trafficking and the penalties are severe. You can be liable upon conviction on indictment to a fine of three million dollars or ten (10) times the street value, whichever is greater, and to imprisonment for life.

3.    Don’t Go Near Schools!

Possession of cannabis within five hundred (500) metres of a school is considered a drug trafficking offence. It is punishable on indictment to a fine of three million dollars or ten times the street value, whichever is greater, and imprisonment for life.

4.    Don’t Smoke in Public!

Using cannabis or cannabis resin in a public place can result in a fine of up to fifty thousand dollars ($50,000.00). The owners and operators of public places are obligated to ensure that individuals refrain from smoking or using cannabis or cannabis resin. Consequently, smoking in bars is prohibited.

5.    Don’t Operate Vehicles!

Operating any motor vehicle, aircraft, or ship while under the influence of cannabis is an offence punishable by a fine of up to two hundred and fifty dollars ($250,000.00) and imprisonment for up to five (5) years upon summary conviction.

6.    Don’t Have It Around Children

Possession of cannabis or cannabis resin in a school bus, on educational premises, or at any sporting or cultural activity, is punishable by a fine of two hundred and fifty dollars ($250,000.00) and imprisonment for up to five (5) years upon summary conviction.

What About Edibles and Vapes?

Under Section 3 of the Act, smoking includes the use of electronic smoking devices that create aerosol or vapor, in any form. Therefore, using a cannabis vape in public is illegal. The law is less clear regarding edibles. Cannabis oil used to create edibles would be illegal once it exceeds the legal limit. However, when the oil is combined with other ingredients for food or drink, it becomes difficult to separate the cannabis from non-cannabis ingredients. Given that current offences are based on quantity, it is difficult to measure the amount of cannabis in an edible, making it unclear whether possessing an edible is an offence. Nonetheless, all prohibitions that apply to being under the influence of cannabis also apply to consuming edibles.

I’ve Been Charged Prior to 2019

• If you were charged with possession of less than sixty (60) grammes of cannabis or less than ten (10) grammes of cannabis resin before the amendment, you may apply to the Court for a discharge if the matter is still before the court.
• If you were convicted for possession of less than one hundred (100) grammes of cannabis or less than fourteen (14) grammes of cannabis resin, you can apply to the Commissioner of Police to have that offence removed from your record.
• If you have applied to the Commissioner of Police to have the offence expunged, you may apply for a pardon under Section 87 of the Constitution.

In summary, while your possession of marijuana has been decriminalized since 2019, there are parameters to its use.