Cannabis is illegal in the Bahamas.

Law

Possession with intent to supply

Section 22(1) of the Dangerous Drugs Act stipulate that it is an offence to possess cannabis with the intent to supply:

It is an offence for a person to have a dangerous drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of the provisions of this Act.^[1]

Section 22(2) of the Act are the provisions for sentencing of a person convicted of possession:

Subject to subsections (4) and (5), any person convicted of an offence under subsection (1) shall be liable — (a) on conviction on information, to a fine of five hundred thousand dollars or to imprisonment for thirty years or to both; (b) on summary conviction, to a fine of two hundred and fifty thousand dollars or to imprisonment for five years or to both.^[1]

Section 22(3) of the Act states that if a person is found with two or more packets containing cannabis, they will be presumed to be possessing that drug with the intent to supply it to others:

For the purposes of subsection (1), where a person is found in possession of two or more packets containing dangerous drugs, or a quantity of dangerous drugs in excess of such quantity as may be prescribed in regard to that drug, it shall be presumed, until the contrary is proved, that he was in possession of that drug with intent to supply it to another or others, irrespective of whether that other or others be within The Bahamas or elsewhere.

Section 22(3) of the Act are the provisions for sentencing of a person convicted of possession with :

(4) Where a person other than a child or young person is convicted of having committed an offence under subsection (1) with intent to supply a dangerous drug to a child or young person, the person so convicted shall be liable — (a) on conviction on information to a fine of seven hundred and fifty thousand dollars or to imprisonment for forty years or to both; (b) on summary conviction, to a fine of five hundred thousand dollars or to imprisonment for five years or to both.

Economy

The Bahamas role as a transit country for cannabis is noted as beginning in 1968, when 300 pounds of cannabis were flown from Jamaica to Bimini.^[2] As recently as 2010 the country was noted as a midpoint for Jamaican cannabis being smuggled to the United States.^[3]

Historically the Bahamas was a drug trafficking country, but not a drug producing one, until a 1991 seizure of 40,000 cannabis seedlings and 1,000 adult plants on Andros Island called that assumption into question.^[4]

Present-day status

In January 2018, the Caribbean Community (CARICOM) Regional Commission held a town hall meeting in Nassau on the issue of decriminalizing cannabis.^[5]

CARICOM Regional Commission on Marijuana published a report recommending the declassification of marijuana as a dangerous drug in all legislation and the reclassification of the drug as a controlled substance, similarly to tobacco and alcohol. The report stated that the Bahamas could see a financial benefit of around $5 million from the legalization of the substance and regulation of its sale.^[6]

The Bahamas National Commission on Marijuana (BNCM) has been tasked with exploring and making recommendations to the government on the issue of cannabis. It is expected to deliver its first draft to the government by August 2019, after receiving a three-month extension to present its findings.^[6]

References