cannabisnews.com: Little Hope for Decriminalisation of Ganja





Little Hope for Decriminalisation of Ganja
Posted by CN Staff on January 23, 2004 at 08:36:08 PT
By Balford Henry, Observer Writer
Source: Jamaica Observer 
Parliamentarians supporting the decriminalisation of ganja earned little consolation from Solicitor General Michael Hylton's return Wednesday to respond to specific questions triggered by his warning in December against breaching international conventions.The solicitor general said that despite the fact that both ganja and wine could be regarded as religious sacraments, they were not treated equally under the law and, therefore, could not be equated in terms of the argument for decriminalisation.
"Even assuming that ganja plants could be described as growing wild, and that Rastafarianism could be classified as a small, clearly determined group, Jamaica could possibly have opted to make a reservation concerning the use of ganja for religious purposes when the country became a party to the Convention on Psychotropic Drugs. Jamaica did not do so and, as a result, cannot now convincingly argue that the use of ganja by Rastafarians for religious purposes is permitted under that treaty," Hylton told a parliamentary committee.Jamaica Labour Party (JLP) MP Mike Henry (Central Clarendon), who has been advocating decriminalisation on religious grounds, suggested that the committee urge the government to put the case to the international community. The committee agreed, but Hylton told the Observer after the meeting that it was very unlikely that such an argument would win support in the international arena, as a number of other countries faced a similar dilemma. Hylton said that Jamaica's room to manoeuvre would be restricted by the terms of three conventions - the Single Narcotics Convention, the Convention on Psychotropic Substances and the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances - concerning activities closely related to the personal use of ganja."Jamaica would be in breach of its treaty obligations if Parliament were to remove criminal sanctions with respect to these activities," Hylton reiterated.But he said that none of the conventions actually indicated the level of punishment associated with the offences. Given that the conventions provide only limited guidance as to sentencing for ganja-related offences (such as possession and cultivation) Jamaica could reduce the level of sentence for such offences. However, he said that Jamaica would need to ensure that a reasonable degree of proportionality is retained between the particular offence and the punishment to be applied.On the question of whether possession and cultivation of ganja for personal use could be made punishable only by a fine, without creation of a permanent criminal record, Hylton said that it was arguable that, with respect to small quantities of ganja, the imposition of a fine could be an appropriate penalty, consistent with the relevant treaty obligations.It was fair to say that a permanent criminal record was a disproportionate response to the simple possession or cultivation of small quantities of ganja, but it would be unrealistic to abandon entirely the retention of records, if Jamaica wishes to comply with international obligations.On the issue of the commercial production of cannabis-related goods (without resin), he said it would need to be regulated by the State, pursuant to a special licensing system.Hylton said, too, that the general approach of the Singles Narcotics Convention is against commercial use, regarding the extraction of fatty acids. But there was an exception in terms of drugs commonly used in industry "for other than medical or scientific purposes". However, the solicitor general advised that if this exception is to be relied upon for commercial production, the State must provide statistical information to the International Narcotics Control Board."Bearing in mind that ganja is not now commonly used in industry in Jamaica, it would be difficult for the country to rely on this exception in order to justify the commercial extraction of fatty acids at this time," Hylton explained.The solicitor general also objected to the National Ganja Commission's proposal that decriminalisation should exclude smoking by juveniles. He said that this recommendation would discriminate against children. Later on, however, he agreed with a proposal from the JLP's Mike Henry that juveniles should be also exempted, but that parents be held accountable.Henry, in the meantime, urged the committee to move quickly to a conscience vote in the House of Representatives, as he as he felt that the solicitor general's responses offered little hope for the members of the committee who supported decriminalisation.Committee chairman, Dr Morais Guy (Central St Mary) said that there would be another meeting on February 11, at which he would seek consensus on a draft report to be sent to Parliament.Source: Jamaica Observer (Jamaica)Author: Balford Henry, Observer WriterPublished: Friday, January 23, 2004Copyright: 2004 The Jamaica Observer Ltd.Contact: editorial jamaicaobserver.comWebsite: http://www.jamaicaobserver.comRelated Articles:Ease Up for Ganja - Recommendations Set http://cannabisnews.com/news/thread18195.shtmlUseless Ganja Laws http://cannabisnews.com/news/thread18024.shtmlA Rational Decision on Marijuana, Please http://cannabisnews.com/news/thread17959.shtmlJamaica: Go Easy on Ganja Users, Says Report http://cannabisnews.com/news/thread17919.shtml 
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Comment #5 posted by Critto on January 23, 2004 at 14:04:30 PT
Conventions ?? RENOUNCE them !!!
I'm really angry when I hear the 'free' media in Jamaica talking about conventions as a roadblock on a road to the legalisation of the Jamaica's most famous herb. Why not RENOUNCE those conventions? After all, they are tyrannical. Renouncing them is possible, because each convention provides such a way out. Now, we must have one BRAVE country which will pull the loose fabric of drug prohibition and begin dismantling of the whole system. Being a libertarian, I believe it the only right way. For Liberty and Legalisation!!!
Critto, http://liberter.webpark.pl
LIBERTARYZM=LIBERTARIANISM
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Comment #4 posted by Shishaldin on January 23, 2004 at 11:55:33 PT
Phatty acids
"Hylton said, too, that the general approach of the Singles Narcotics Convention is against commercial use, regarding the extraction of fatty acids."Now, WHY would the general approach of the SNC be about the extraction of fatty acids? Here's a clue from:
http://www.me.iastate.edu/biodiesel/Pages/bio2.html
"The properties of the triglyceride and the biodiesel fuel will be determined by the amounts of each fatty acid that are present in the molecules." Aaaaah...follow the money, once again! Can't have folks GROWING their own non-toxic fuel now, can we? Bastards...DJK in '04! http://kucinich.usPeace and Strength,Shishaldin
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Comment #3 posted by FoM on January 23, 2004 at 10:51:09 PT
Sam
I agree with you.
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Comment #2 posted by Sam Adams on January 23, 2004 at 10:47:54 PT
More circular logic
Ganja can't be decriminalized.....because it's illegal! Thanks a lot buddy.My cynicism is reaching new heights. Most of the world's governments and societies are headed in the exact opposite direction of legalization. More things are being banned, more controls over people's minds and bodies are being rolled out.I've been watching a lot of the history channel's stuff on the Roman empire lately. I'm starting to understand how the rest of Europe felt - enslaved by the Roman elite for century upon century, with no hope of deliverance.
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Comment #1 posted by Virgil on January 23, 2004 at 09:48:01 PT
Officialdomise always says onward
The Observer and the Gleanor are sister papers in my understanding, not that it is that important. What is important is they are the main newspapers in Jamaica and they are mouthpieces of officialdom. Where is the other side? Where is the fact that they can withdrawal from these treaties? Why isn't the question raised that they should withdrawal from these treaties? Where is the criticism of the leaders for not questioning staying in the treaties?The media is a complicit part of prohibition. It is true in the United States. It is true in Jamaica. It is true in Venezula. According to this article of Jan. 19th, it is true in Colombia- http://www.counterpunch.org/cryan01192004.html It is titled "Never Mind the Facts- Media Collusion in Colombia's War." What we have is a failure to communicate. There is no call for truth or reality in the media in Jamaica or elsewhere. The media was targeted for compliance in the drug wars long ago. People were taught to fear organized crime. What we now have is organized corruption and conspiracy of governments. There is organized complicity in this corruption with the media. Here is a story from CounterPunch which is not part of that complicity in corruption. It is titled "Corruption and Bloodshed in Bolivia-The Prisoner, the President and the Mafia"- http://www.counterpunch.org/hylton01222004.htmlWhat is going to happen in all lands south is what needs to happen in this country. Any politician that shouts support for these treaties and corrupting on with failure need to be thrown out of office. It is a litmus test for corruption. Every country on the face of the earth should denounce the UN treaties on drugs and demand to start over.The drug wars bring us organized corruption of government and police. It brings us militarization in pursuit of peaceful existance. It is as stupid as our dickhead president thinking we can borrow our way to prosperity.And NarcoNews has said the same thing as me and will soon again be saying it so that people will know the truth, and laugh at articles like this and those that publish such rubbish.
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