cannabisnews.com: 'Decriminalisation of Ganja Could Hurt Jamaica'





'Decriminalisation of Ganja Could Hurt Jamaica'
Posted by CN Staff on December 10, 2003 at 21:32:38 PT
By Balford Henry, Observer Writer
Source: Jamaica Observer 
Soliciter General Michael Hylton yesterday warned parliamentarians studying the ganja issue that Jamaica would breach international obligations and face tough US sanctions, if the drug is decriminalised.Hylton told a meeting of the Joint Select Committee of Parliament studying the National Ganja Commission report, that although Parliament could pass amendments to remove the constitutional bar to decriminalisation it would, in all likelihood, breach international obligations in respect of drug control.
"If recommendation one is implemented, and the Dangerous Drugs Act is amended to decriminalise the private, personal use of marijuana in small quantities, Jamaica would, in all likelihood, be in breach of certain international obligations in respect of drug control," he said. Recommendation one of the Ganja Commission's report asked that, "the relevant laws be amended so that ganja can be decriminalised for the private, personal use of small quantities by adults."The statement landed like a spanner in the works of the parliamentarians who seemed on track to some sort of consensus on, at least, decriminalisation. Committee members Senator Trevor Munroe; Dr Patrick Harris (Northern Trelawny) and Mike Henry (Central Clarendon) sought loopholes around the conventions and the threat of sanctions, but Hylton could only offer them the consequences.Questions were also raised by Dr Ken Baugh (West Central St Catherine); Sharon Hay-Webster (South Central Clarendon) and Senator Shirley Williams."Jamaica would, in my view, be in breach of its international obligations if Parliament were to implement recommendation one of the Ganja Commission's recommendations," Hylton insisted. "The country could conceivably decriminalise marijuana use, but as the relevant conventions require possession, purchase, cultivation and the supply factors to be subjected to the criminal law, it is not clear how the recommendation would work in practice," he added.Henry suggested that it may be best that the committee sign off on its report, immediately, and move to a "conscience vote" on the issue in Parliament as soon as possible. But chairman Morais Guy, and Dr Munroe felt that it would be better to seek a consensus that could guide the final debate.Hylton said that the problem was with the three recommendations for decriminalisation. The other two concerned decriminalisation for personal use, except by juveniles and in premises accessible to the public, and for use of ganja as a sacrament for religious purposes.The United States Government is opposed to the decriminalisation of ganja. Embassy spokeswoman, Orna Bloom, has been quoted as saying that it could create "the perception, especially to our youth, that marijuana is not harmful, which could lead to an increase in its use".Hylton, in explaining decertification in this context, said that the United States Government policy under the Foreign Assistance Act of 1961, requires the president to take steps to decertify countries categorised as major illicit drug producing and/or drug transit countries. He noted that Jamaica was already listed among the major Illicit drug producing and drug transit countries."Thus, if Jamaica were to decriminalise marijuana for personal use, there would be a distinct risk that the country would be subject to the sanctions associated with decertification," he said,. The sanctions, he added, would be significant.The solicitor general also told the committee that Jamaica is currently a party to three international conventions concerning illicit drugs:* The Single Convention on Narcotic Drugs, 1961, as amended by its 1972 Protocol (the Single Narcotics Convention). Jamaica acceded to that treaty on October 6, 1989 and today over 155 states are parties thereto.* The Convention on Psychiatropic Substances, 1971. Jamaica acceded to this treaty on October 6, 1989. Today, over 160 states are parties thereto.* The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. Jamaica acceded to this treaty on December 29, 1995. Today more than 150 states are parties thereto.Hylton said that all three conventions adopt a restrictive approach to marijuana use and, in the interest of brevity, illustrated how implementation of the Ganja Commission's first recommendation would cause Jamaica to be in breach of the Singles Narcotics Convention."He said that the convention, which lists ganja as a prohibitive drug, seeks to expressly "limit exclusively to medical and scientific purposes, the production, manufacture, export, import, distribution of, trade in, use and possession of drugs". Language, which he said, clearly indicated that ganja use was not encouraged by the treaty.The convention, he added, states that subject to constitutional limitations, each party must adopt measures to ensure that cultivation, production, manufacture, extraction, preparation, possession, offering for sale, distribution, purchase, sale, delivery, transport, brokerage, dispatch, importation and exportation of drugs is punishable when committed intentionally, "and that serious offences shall be liable to adequate punishment, particularly by imprisonment or other related penalties of deprivation of liberty".On the question of international human rights, Hylton said that this was the second legal consideration which had influenced the Ganja Commission in favour of the recommendation for decriminalisation. However, he said that even with the recognition of fundamental human rights, the conferences which formulated the three treaties, still sought to ensure, "in unambiguous terms", that ganja possession, purchase and cultivation, even for personal use, are to be subject to criminal sanctionss."Given the clear language of the three relevant conventions, the device by which human rights considerations could somehow trump the rules against drug activity requires further explanation by those who posit the human rights argument in this context," he said.Note: Solicitor general warns that country could face sanctions if drug allowed for personal use.Quotes:HYLTON... Jamaica would, in my view, be in breach of its international obligations.MUNROE... it would be better to seek a consensus that could guide the final debate.HENRY... it may be best that the committee sign off on its report, immediately, and move to a conscience vote.Source: Jamaica Observer (Jamaica)Author: Balford Henry, Observer WriterPublished: Thursday, December 11, 2003Copyright: 2003 The Jamaica Observer LtdContact: editorial jamaicaobserver.comWebsite: http://www.jamaicaobserver.comRelated Articles:Jamaica: Go Easy on Ganja Users, Says Report http://cannabisnews.com/news/thread17919.shtml Bill To Legalise Ganja for Private Use Soon http://cannabisnews.com/news/thread15824.shtml
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Comment #17 posted by The GCW on December 17, 2003 at 12:52:28 PT
Jamaica: PUB LTE: Ganja blackmail!
Pubdate: Dec. 16, 2003
Source: Jamaica Observer (Jamaica)Viewed at: http://www.jamaicaobserver.com/letters/html/20031216t000000-0500_53059_obs_ganja_blackmail_.asp 
Ganja blackmail!
  Dear Editor,I refer to the recent article, "Decriminalisation of ganja could hurt Jamaica".To end the historically discredited policy of caging humans for using a plant, is the right thing to do.To resist doing the right thing because of blackmail is more harmful to Jamaica and sends the wrong message and example to youth.Perhaps Jamaica as a sovereign nation should influence US voters to make Dennis Kucinich America's next president, since he is proposing to decriminalise cannabis and regulate it like alcohol in the US which would influence policy pertaining to cannabis, worldwide.420More:Viewed at: http://www.jamaicaobserver.com/letters/html/20031216t210000-0500_53111_obs_great_editorial_on_ganja__observer.asp
 Jamaica: PUB LTE: Great editorial on ganja, Observer420Jamaica: PUB LTE: 'Decriminalising' and 'legalising'Viewed at: http://www.jamaicaobserver.com/letters/html/20031216t000000-0500_53060_obs__decriminalising__and__legalising_.asp420Jamaica: PUB LTE: Wrong Assertion About Ganjahttp://www.mapinc.org/drugnews/v03/n1932/a09.html?397
 
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Comment #16 posted by BUDSNAXZ on December 11, 2003 at 19:09:44 PT:
GCW and mayan
Here's what I sent Nightline: 
I just read that you have pulled your correspondent off the campaigns of Dennis Kucinich and others in the Democratic race because Ted Koppel did not want to hear debate over the real issues that Americans worry about. I find it appalling to think you can call yourselves journalists if this is fact. Journalism started out as an unbiased way to present the news to the public. Over the years it has become a whore paid by the corporate owned government to show only what they want the public to hear. What you present to the public should not be based on what you are being influenced (paid) by others or by your own opinions or biases. I wonder when if ever journalism will again become an honest profession. I will make it a point not to watch anything you offer on TV ever again.I think everyone should make it a point as the others said , to send them your opinion of this decision by ABC news. Do it NOW!!! 
ABC news opinins e-mail link
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Comment #15 posted by drfistusa on December 11, 2003 at 09:44:33 PT
why can't jamaica pull out of it's treaty?? 
BUSH DID!!
This sea-based system was outlawed under the 1972 Anti-Ballistic Missile Treaty, but Bush gained the flexibility of testing it when the United States withdrew from the treaty last year. The plan also calls for the development of ground-based interceptors. now they fires these from hawaii and jail the locals for ganga
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Comment #14 posted by The GCW on December 11, 2003 at 07:04:01 PT
More police, helping citizens...
From the THC Ministry, http://www.thc-ministry.net/forum/viewtopic.php?t=570HI all, 
This report doesn't actually discuss drugs, but due to all the druggies in the US who face police brutality on a daily basis, I figure it pertains. Peace, Preston http://www.ww3report.com/93.html#warathome1 
NYPD RAIDS ACTIVIST MEETING 
A private fundraising event in Brooklyn for the activist group Critical Resistance was raided by the New York Police Department Nov. 16. Up to 100 people in attendance were indiscriminately sprayed with chemical agents, beaten with nightsticks, and otherwise harassed by a throng of police officers. Witnesses say there was no provocation for the assaults and the subsequent arrests. Over 25 police vehicles arrived at 968 Atlantic Ave., the location of the event, at around 2 AM, to investigate an officer's report of someone standing outside the party holding an "open container." Within minutes, attendees said, the police attacked the crowd, beating attendees who were not resisting their orders. Over 20 people experienced effects of the pepper spray that was erratically sprayed into the air by the officers. All tenants of the private residential building were present at the event, did not request police assistance, and no one in the building placed a complaint with either the local precinct or the emergency response system. Witnesses report that no warrant was presented upon police entrance. At least eight arrests were made on charges of disorderly conduct, resisting arrest and inciting riot. The 77th Precinct, where the arrestees were initially held, refused to provide any information about the status of those arrested. Emergency medical technicians visited the precinct to attend to those who sustained serious injuries, which reportedlt include bruised ribs, a spinal injury, and severe blows to the head. Critical Resistance is a national grassroots group that focuses on prisons and police brutality, and challenges the belief that policing, surveillance, imprisonment, and similar forms of control make our communities safer. (Critical Resistance action alert, Nov. 16) [top]
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Comment #13 posted by mayan on December 11, 2003 at 06:56:14 PT
GCW...
You're very welcome. I just e-mailed Nightline about Kucinich and gave them a piece of my mind. I suggest everyone else do the same. We can't let these dolts hijack our democracy!e-mail Nightswine! http://www.abcnews.go.com/sections/nightline/Nightline/Nightline_email_form.html
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Comment #12 posted by The GCW on December 11, 2003 at 06:50:25 PT
So, Automotive Parts Manufacturers' Association.
thinks it is important to continue caging humans for using a plant for the honor of profit.I can just see Santa Clause and the deer taking that down the chimney.To hell with peace on earth...Do they realize the parts in cars made from hemp is also in the prohibitionists sights? 
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Comment #11 posted by The GCW on December 11, 2003 at 06:42:25 PT
Thanks mayan,  & ekim,
Thanks for the heads up.ABC News Pulls Reporter off Kucinich Campaign: http://www.kucinich.us/pressreleases/pr_121003.php"... Kucinich received the loudest applause of the evening."
 
If this (ABC) news gets out it could have the effect of helping Kucinich.People aften are drawn to hear & read what they are stopped from hearing and reading.Let there be a spark to fire the engine
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Comment #10 posted by Kegan on December 11, 2003 at 06:39:39 PT
From The National Post
Source: National Post (Canada)Contact letters nationalpost.comWebsite: http://www.nationalpost.com/Forum: http://forums.canada.com/~nationalpostAddress: 300 - 1450 Don Mills Road, Don Mills, Ontario M3B 3R5Fax: (416) 442-2209Copyright: 2003 Southam Inc.Author: Chris Vander DoelenPubdate: December 11, 2003Softer marijuana law worries partsmakers'Like prohibition all over'WINDSOR - Federal plans to relax Canada's marijuana laws could prove disastrous
for automotive parts manufacturers by creating a new mood of Prohibition at the
border, their national association warned yesterday.Decriminalization on one side of the border only will ensure Canadian shipments
must be put under even more scrutiny by U.S. Customs officials, says Gerry
Fedchun, president of the Automotive Parts Manufacturers' Association."It will be like the Prohibition all over again," Mr. Fedchun told a press
conference in Windsor, one of two the APMA held yesterday to present a
pre-Christmas industry wish list to federal and provincial governments."If they don't have it on the other side there is going to be a tremendous
amount of inspection by the other side. Can you imagine what the lineups are
going to be like? At this point, marijuana possesion should not be
decriminalized."Mr. Fedchun said the potential for further business disruptions due to secuity
concerns was raised by the APMA's Windsor board members, "who experience
firsthand the problems crossing the border on a daily basis."In a nutshell, the Windsor parts manufacturers have been warned by customs
experts that looser Canadian marijuana laws will necessitate more inspections of
their goods. The manufacturers say inspections equal delay, and that more delay
will mean more lost sales and lost jobs.The APMA's members have already suffered a $2-billion loss in business volume
between 2000 and 2002, said Douglas Boughner, chairman of the group's board. Any
further erosion of their combined $34-billion in annual sales will lead to loss
of taxes and weakened government revenues, he wanred.The APMA calculates automotive workers pay more than $2-billion a year in income
taxes.
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Comment #9 posted by TroutMask on December 11, 2003 at 06:32:27 PT
Scoring Ganja in Jamaica
"I'll go out on a limb here and bet a million to one odds that a person who uses cannabis and takes a trup to Jaimaca will try and score a little smoke whislt he or she is there."Having recently been to Jamaica, I can tell you that any person who uses cannabis OR NOT will have one heck of a time trying to avoid someone offerring to sell it to them. Actually (and ironically), it's one of my least-favorite things about Jamaica.-TM
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Comment #8 posted by mayan on December 11, 2003 at 06:03:27 PT
Human Rights Trumped
"Given the clear language of the three relevant conventions, the device by which human rights considerations could somehow trump the rules against drug activity requires further explanation by those who posit the human rights argument in this context," he(Hylton) said.If human rights considerations don't trump the rules against drug activity then just what kind of idiotic conventions are the Jamaican's bound by anyway? Shouldn't human rights considerations be valued above all else? If human rights(& hence, humans) aren't valued then just what is? Jamaica, you can kiss Uncle Sam's ass and avoid sanctions by imprisoning your people, or you can free your people and attract even more tourists and their dollars.Now, Get this! ABC News has pulled all of it's reporters off of the Kucinich,Sharpton & Mosley-Braun campaigns! They, instead of the American people,are trying to decide this race. Let's let ABC News know how we feel!!!ABC News Pulls Reporter off Kucinich Campaign: 
http://www.kucinich.us/pressreleases/pr_121003.phpABC, Inc. Phone number: (818) 460-7477The way out is the way in...9/11 Widow Ellen Mariani filed RICO Act suit against BushCo - Interviewed by Alex Jones:
http://portland.indymedia.org/en/2003/12/276228.shtml
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Comment #7 posted by goneposthole on December 11, 2003 at 05:51:47 PT
Cannabis is like lodestone
In all probability, legalization of ganja will benefit Jamaica. The US population has millions of people who smoke cannabis, if they perchance some US canabis officiandos visit Jamaica, I'll say they try to buy some Jamaican ganja. Just a hunch. I'm not positive, but I'll go out on a limb here and bet a million to one odds that a person who uses cannabis and takes a trup to Jaimaca will try and score a little smoke whislt he or she is there.The headline accentuates the negative. 'Jamaica is harmed by cannabis laws' is a more appropriate statement.It is difficult to portray lies as truth, but those who do are good at it.Truth versus lies. gets to be a snipe hunt.
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Comment #6 posted by The GCW on December 11, 2003 at 05:50:16 PT
But, caging humans, using a plant, is not harmful?
& In case You haven't heard: Kucinich put in writing that as president He will: 
"decriminalize marijuana" -"in favor of a drug policy that sets reasonable boundaries for marijuana use by establishing guidelines similar to those already in place for alcohol." 
http://cannabisnews.com/news/thread17917.shtml http://www.kucinich.us/issues/marijuana_decrim.phpA President Kucinich would end this problem, for Jamaica.A President Kucinich would end this problem, America.If the historically discredited concept of caging humans for using a plant, does not seem intelligent, then help get votes for Kucinich.Anyone interested in caging humans for using a plant, that is running for the Presidency, is failing the litmus test and does not deserve the Presidency any more than the evil one We have.
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Comment #5 posted by Sam Adams on December 11, 2003 at 05:25:34 PT
Go Mr. Henry!
Glad to see that there are some freedom fighter politicians in Jamaica, it's always good to see leaders with integrity anywhere.I guess we'll have to wait & see if evil triumphs again down there.btw, shouldn't there be some sanctions against Maine, and Oregon, and California, and the other US states that have decriminalized? Or did GW throw those treaties into the trash along with the ones on global warming, land mines, weapons proliferation, nuclear weapons reductions, and bio-warfare production?
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Comment #4 posted by WolfgangWylde on December 11, 2003 at 03:41:18 PT
This is how you know its over...
...The last ditch effort to ward off the inevitable always takes the form of "But, but, but, we'll piss of the U.S. if we do the right thing!"
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Comment #3 posted by Virgil on December 10, 2003 at 23:03:05 PT
Clarification
The people we first attract on the Internet are probably people that are already in favor of legalization. The ones that need the education the most are our own missionaries. The blissfully ignorant need to be converted so that we might all have bliss.The cable companies are advertising bandwidth twice that of DSL. Our main tool is being improved. Have you ever heard of someone having a "We got" Party? I think the well to do are going to be doing some bandwidth bragging when they have the chance to let people in on those monthly payments and show them that new projector hooked up to the dual video card that also goes to the HDTV. Whatever, I reckon. Good night.
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Comment #2 posted by Virgil on December 10, 2003 at 22:21:03 PT
Illusion and disillusion
The only reason the government is concerned about enforcing ganja laws is so they can get some very heavy fines from people that have money. If Jamaica did not have ganja for tourist at $30 an ounce, why would anyone go to Jamaica. It is like a prison with walls of water and gaurded by poverty.How government can present the illusion of eradicating ganja fields by taking an occassional bribe for the photo-op from the USG as a effort to zero use is a joke. The people are already imprisoned on their poor island and the only thing that brings them any money is tourist and those tourist want ganja.It is an island of 3 million people with half the adults using ganja like we use cigarettes. That would be a very interesting thing to know about Jamaica- How many people smoke tobacco? The people are too poor to smoke any factory products with all those payroll taxes and property taxes and friendly contributions built into the price.If any country should legalize ganja it should be Jamaica. I wonder how stupid people are in this country when half the people somehow arrive at a conclusion that the worst president in American history is doing a satisfactory job even he were not busy shredding the Constitution he swore to uphold. But how a country that has centuries of use and was the primary port of bringing ganja from India to the west, could have ever criminalized it in the first place. I cannot believe that the people would take having such laws that make them criminals inside their prison of poverty.I can certainly understand that the two major newspapers in Jamaica are mouthpieces for the same Nazi movement that we feel here. That is why you do not see a simple statement telling the fool citing this and that treaty, that we should withdrawal. Someone ought to say how fucked-up the leadership is to have joined such conventions and not to withdrawal from them now. This is just disillusionment by the media. It is failure by the government to represent the people and it is failure of the people to act like they have any sense at all.If Walters went to a family in Jamaica to say that ganja is a dangerous drug, he would be sitting at a table where people are drinking ganja tea and wondering how Americans could be so stupid as to pay this idiot a paycheck from the public treasury.I can understand what ignorance their is in this country about laughing grass that aids the prohibitionist when they chant danger to play on people's fear when they are ignorant of the truth. I just cannot understand how the Jamaican people don't see this as the plainest first step in fighting the corruption they all know about and talk about at the funerals of all the fallen so violently taken from them.That is why Kucinich's voice is so important. All the other countries can see is an impressive stonewall. They do not know it is being flooded and the tunnels are coming from every direction. DK can tell them that.Please circulate a "Victory by list" posting to at least one messageboard. You can copy the one I made and paste it. Our enemy is blissful ignorance. The Internet makes a type of filter that means we are at least in the land of the literate. http://www.cannabisnews.com/news/thread17952.shtml#6 We make a great choir, but everyone needs to be singing solo somewhere. We have the Internet and we have to work it.
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Comment #1 posted by FoM on December 10, 2003 at 21:45:05 PT
Related Article from The Jamaica Gleaner
No To Ganja: http://www.cannabisnews.com/news/thread17954.shtml
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