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April 10, 2015
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Clearing the air on ganja

Justice minister Mark Golding

Christopher Serju, Star Writer

The smoking of ganja in a public place, or within five metres of a public place, is prohibited in a manner similar to cigarettes.

This is one of the pointers on the fact sheet prepared by the Ministry of Justice to help the public to better understand the implications of the Dangerous Drugs (Amendment) Act 2015, also referred to as the 'ganja' law.

For the purposes of these smoking rules, a public place includes a workplace and any place which is for the use of, or accessible to the public, such as sidewalks, bus stops, restaurants, offices, educational institutions, pharmacies, hospitals, and other areas used by children, including supermarkets and parks.

A person caught in possession of two ounces or less of ganja, or smoking a spliff (ganja cigarette) will no longer be arrested or charged, but will instead be served with a ticket, similar to a traffic ticket, and will have 30 days to pay the $500 fine at any tax office.

For this offence, the person does not incur a criminal record. However, failure to pay the fine could see the offender being summoned to the Petty Sessions Court and ordered to do community service, or charged a fine of $2,000. In addition, a conviction for failing to pay the fine will be recorded on the offender's criminal record.

Under the new law, a person found in possession of two ounces of ganja or less, who is under the age of 18, or is 18 years or older, but appears to the police to be dependent on (addicted to) ganja, will be referred to the National Council on Drug Abuse (NCDA) for counseling, in addition to having to pay the ticket.

In addition, the smoking of ganja will be legally permitted in places licensed for the smoking of ganja for medical or therapeutic purposes. Members of the Rastafarian faith will also be permitted to smoke ganja for sacramental purposes in locations registered as places of Rastafarian worship.

The Dangerous Drugs (Amendment) Act 2015 does not facilitate the recreational smoking of ganja or its cultivation in commercial quantities, except for use in scientific/medical research.

The Ministry of Justice has pointed out that each household is allowed to legally grow five ganja plants on the premises, and where there is more than one household on any premises, this entitlement (of five plants) extends to each household.

Adherents to the Rastafarian faith, 18 years or older, as well as Rastafarian organisations, may apply for authorisation to cultivate ganja for religious purposes as a sacrament, in adherence to their faith.


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