A Regulated Cannabis Scheme for Bermuda
Purpose
To provide a regulatory and licensing regime to establish a Cannabis scheme in Bermuda. This is designed to meet Government’s stated policy initiative to progressively liberalise Cannabis laws, apace with law reforms in other jurisdictions, and in keeping with public sentiment on the topic. There has been consistent public support and advocacy for full legalisation of Cannabis. The proposed policy sets out the framework of what a regulated Cannabis scheme might look like for Bermuda. It has been principally influenced by existing regulated Cannabis laws in other favourable jurisdictions such as Canada and small island nations in the Caribbean.
The proposed law will establish a Cannabis Advisory Authority, in accordance with international obligations, to advise and assist the Minister responsible for drug prevention in the regulation of the retail sale of Cannabis and Cannabis products, commercial cultivation, research, manufacture and transport of Cannabis. The proposed regulated scheme establishes a licensing system for various activities relating to Cannabis; provides for monitoring, inspection and enforcement powers to be given to inspectors; and proposes to give the Minister the power to give directions to the Authority and related matters.
Cannabis materials, Cannabis products and cultivation of Cannabis and medicinal Cannabis all fall within the scope of the proposed regulated Cannabis scheme.
Summary
Government’s policy towards liberalization of Cannabis laws continues to aim to strike the right balance between full (unregulated) legalisation and safe, controlled, regulation of Cannabis. The challenges include: rectifying legacy demonization of the plant and persons who use it, satisfying Bermuda’s international obligations; protecting young persons and providing economic opportunities for our citizens.
The regulated Cannabis scheme outlined in this policy document is to be read alongside an illustrative draft of the Bill entitled “Cannabis (Licensing and Regulation) Act 2020”.
Throughout the proposed policy you will notice a de-emphasis on over-regulation and criminalization of personal use whilst maintaining suitable regulation and enforcement of the anticipated Cannabis scheme. Offences and penalties have been revised down and incarceration used economically. Persons with prior Cannabis convictions are not automatically barred from participation in the marketplace.
The main work for regulating the scheme will be conducted by the Cannabis Advisory Authority who will advise the Minister on the issuance or refusal of licences and matters relating to the Cannabis and the Cannabis industry. The Minister determines, on the recommendation of the Cannabis Advisory Authority, whether or not to approve licenses; with appeals to the Supreme Court.
Eligibility for participation in the regulated Cannabis scheme (for licences and for permitted use of Cannabis and Cannabis products) is set at 21 years of age.
The technical details of the scheme are provided in the illustrative draft Bill so that the public and interested parties can digest the specifics of how they might participate or be affected by the new laws. Additional regulatory requirements for each type of licence are scheduled in the illustrative draft Bill along with specific requirements for Cannabis retail shops which are designed to protect the public and young persons. Such provisions are to mirror the requirements within the Liquor Licence Act 1974.
Phases
Share your ideas
The Honourable Attorney-General and Minister for Legal Affairs presents a policy document “A Regulated Cannabis Scheme for Bermuda” and an illustrative draft Bill called “Cannabis (Licensing and Regulation) Act 2020” for public consultation.
Government’s revised policy position for elements of the Regulated Cannabis Scheme is being shared with the public, as a result of real-time analysis of feedback received during the consultation period. Three policy revisions relate to: (1) adding a new category of licence for ‘personal cultivation’; (2) removing ‘increased penalty zones’; and (3) clarification on the consumption of Cannabis within a retail licensed establishment or in private property. The proposed policy is amended as follows:
- The Cabinet has considered and approved a policy proposal for personal cultivation. A category of cultivation licence should be available to allow for the growing, harvesting, drying, trimming or curing of Cannabis for personal use only. This will assist with ensuring that the illicit trade in Cannabis will be significantly curtailed after the new regulated scheme comes into operation. Additionally, the psycho-social benefits of normalising small amounts of Cannabis encourages self-autonomy and responsible personal choice. This aligns with the underlying social justice policy to reduce unnecessary criminalisation for Cannabis personal-use offences.
Proposed details of a ‘personal cultivation’ licence are as follows:
- The Minister will not issue a personal cultivation licence for a premise where a minor is permanently or occasionally present;
- Personal cultivation licences are for personal use of the licensee only;
- Cannabis cultivated under this licence cannot be sold or supplied to other persons;
- Limits on personal cultivation are proposed to include a plant limit of between 4-7 plants subject to approval by the Minister (based on the specifics of the premises where cultivation is carried out);
- Inspectors’ powers to enter premises will be proportionate to the need for the inspection, and the powers of search for domestic properties subject to a personal cultivation licence to be balanced and proportionate, e.g., only by warrant issued by a Magistrate;
- A personal cultivation Licence fee is proposed at $750 per year; and
- Licensees must purchase Cannabis seedlings from an official approved source (to ensure that plants are propagated from lawful sources).
2. Fixed penalty zones will be removed from the regulatory scheme.
3. Persons purchasing Cannabis or Cannabis products from a licensed retail shop will be able to consume items within the retail shop (if it is permitted by the licence). Purchasers will also be able to carry away their purchases to consume in their private homes. If a purchaser resides in rented accommodation, they will require the landlord’s permission to consume Cannabis or Cannabis products on the premises in the same manner as rental agreements typically require a landlord’s permission to smoke cigarettes.
Request for public comment on the policy and illustrative draft bill
The Government again wishes to “take it to the people” by commencing a one month public consultation exercise on the proposed scheme. The policy and an illustrative draft Bill are now available for public scrutiny and comment.
The public is asked to share general comments and ideas on the scheme. We welcome responses to the following focused areas: −
- Are there any additional considerations which, in your view, can improve or add value to what is proposed?
- Are there any additional types of licences which should be considered?
- Can the requirements of the licence types be improved in any way?
- Should any additional offences be included?
- How can the penalties be improved?
- Should any other types of objections to Cannabis retail shops be considered for inclusion?
- What are your views on the proposed licence fees for the types of licences? For example, are they set too high or too low?
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