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Bahamian Government Introduces Legislation to Regulate Cannabis Industry

NASSAU, Bahamas – Prime Minister Phillip Davis Monday said he is supporting a compendium of bills to legalize the use of cannabis for medical and religious purposes, to decriminalize the possession of small amounts of cannabis.

hondavismpSpeaking in Parliament, Prime Minister Davis said he was also supporting the measures to regulate the cultivation, sale and use of cannabis and related products within the borders of the country and to promote the health and safety of our people.

Davis told legislators that for years, Bahamians have called for an administration to have the courage to step up and take this issue on in a decisive and responsible manner.

“While many other countries, including nations within our region like Jamaica, Trinidad and  Tobago, Antigua and Barbuda and Barbados, have taken steps toward decriminalisation and legalisation for medical use, Bahamians were left wondering when it would be our turn to modernise our local approach to cannabis.”

He said that the national dialogue has been ongoing for the better part of a decade and that many people thought change was imminent when the Marijuana Commission began its work in October 2018.

Davis said these efforts culminated in a preliminary report delivered in January 2020 and a final report delivered in August 2021.

He said the Commission cited a wide range of in-person discussions and public opinion research, noting that there appeared to be widespread public support for the legalisation of cannabis for medical purposes.

“There was also healthy support for decriminalisation and an appetite for a strong regulatory and enforcement framework to ensure high standards for this new industry,” Prime Minister Davis said, noting that the recommendations of the Commission called for legalisation for medical use, decriminalisation for small amounts, legalisation for use as a religious sacrament for members of the Rastafarian community, as well as strict regulations to ensure the quality and safety of the local cannabis product.

He said in his ruling Progressive Liberal Party’s (PLP) “Blueprint for Change, we committed to developing a comprehensive regulatory framework for growing, harvesting, and exporting cannabis to create opportunities for Bahamians.

“The approach we developed to legislating and regulating cannabis was informed by widespread research and consultation. It was partially based on the CARICOM Regional Commission on Marijuana’s research and findings, as well as the approaches of other jurisdictions like Jamaica, Barbados, and Canada, where Cannabis has been legalised and regulated.”

Prime Minister Davis told Parliament that his administraton’s goal was to ensure that the country “developed the most fair, balanced, and effective legislative and regulatory mechanisms, which would allow us to reap economic and health benefits while promoting law and order and keeping our people safe through the introduction of stringent standards.

“Once we felt that we had an adequate draft, we released the draft bills publicly, and we held a number of stakeholder consultation sessions, led by the Attorney General’s Office, in which we sat down with major stakeholder groups like healthcare providers, leaders of our church community, advocates for legalisation, leaders of the Rastafarian community, as well as those who had concerns about the impact of legalisation and decriminalisation on the proliferation of usage.”

He said these varied opinions were taken into account and adjustments were made to achieve the most practical and effective approach that would work best for the Bahamian people.

Prime Minister Davis said close attention was also paid to ongoing research on the issue, the  the most recent of which was a survey conducted nationally by Public Domain in 2023, which indicated that 61 per cent of the population supported the legalisation of cannabis for medical usage.

“It was clear that the times had changed, and it was time for our laws to change as well.

We’ve been hard at work since 2021. We knew this was not a process we could rush. There was a recognised need for carefulness and due diligence, but there was also a need to ensure that this new legislative and regulatory regime could be introduced and implemented within this term.

“We could not simply kick the can down the road for our next term the way other administrations did,” he said, adding “we could not delay these changes,  not when so many people had waited for years for real action to be taken.

“Today, the wait is over. We are taking action on behalf of all of the people who simply wanted the ability to legally consume medical cannabis to help them with their medical conditions.

“There are people with children suffering from epilepsy who have been praying for this moment. There are people with glaucoma who want the opportunity to potentially alleviate their condition with a cost-effective and natural treatment. There are people living with auto-immune conditions, chronic pain, anxiety, depression, and other ailments who were waiting not-so-patiently for this day.”

Davis said that the government is taking action for the many men and women living with criminal records for carrying small amounts of cannabis, and the many others who will be spared criminal records as a result of decriminalisation.

“As a society, we realise that the old approach taken against cannabis in the War on Drugs in the 1980s and 90s does not necessarily reflect our current reality. Too many livelihoods have been lost because of a joint. Too many lives have been handicapped and potentials lost.

“And when I say this, it is not my intent to excuse those who choose to break the law. After all, the law is the law; it must be respected and upheld. But we also recognise that the law is not static, it is dynamic. And the interpretation of the law and how it serves the greater good of society can change over time. ”

Prime Minister Davis said he remains confident that many lives will be changed for the better as a result of the criminal records that will be expunged.

He said through these reforms, the government is upholding the rule of law, “making it clear that if you are seeking to supply others with cannabis illegally or engage in other unlicenced and illegal activities, you will be held accountable. Everyone is welcome to participate within the legal and regulatory framework and only within that framework.

“Of course, as a part of this reform process, we are also taking action to recognize the rights and freedoms of Rastafarians to use Cannabis as a sacrament because it should not be against the law for our brothers and sisters of the Rastafarian faith to practice their religion."

He told legislators that before them “is a new economic reality in which cannabis has the potential to play a large role in our economy”.

Davis said that the impact of the cannabis industry will be widespread, affecting many different sectors.

‘By legalising cannabis for medical use, we are also legalising the many supporting inputs that are necessary for the industry. We have opened the door to the creation of thousands of jobs in agriculture, manufacturing, retail and dispensary facilities, and healthcare. This industry will make a significant contribution to our efforts to diversify our economy through these subsectors.

“We have created the potential for new Bahamian cannabis entrepreneurs, and we’ve also created the framework to attract external investors who will drive capital into this new industry to spur growth and expand our economy.”

He said opportunities to export the country’s fully regulated, high-quality product will give  local businesses and farmers access to expanded markets beyond the local borders.

“Most importantly, we will make room for small and medium-sized Bahamian-owned businesses to have access to opportunities within this industry by ensuring equitable access for businesses of all sizes.”

Prime Minister Davis said a tremendous amount of effort has gone into ensuring that the cannabis reforms represent the best possible approach to our current reality.

“This compendium of legislative amendments and regulatory changes before us represents a major reform of how cannabis is classified as a medical and controlled substance according to the law, which required a comprehensive and wide-ranging slate of changes to existing medical and pharmaceutical laws, criminal laws, and the introduction of a new cannabis-specific regime”

He said among the Bills is the Cannabis Bill (2024) with its objective being to authorise the production, research, possession and use of cannabis for medical and religious uses, to establish quality controls, to deter and reduce unlawfully obtained cannabis, control access to cannabis to protect public health, and promote public awareness of the health risks associated with cannabis use.

“I want to stress that our approach is evidence-based and aligned with contemporary scientific literature. So, for example, you will note that there is an established body of research indicating the pro-health benefits of cannabis for conditions like epilepsy, multiple sclerosis, chronic pain, inflammatory bowel diseases and other conditions.

“There is also literature to demonstrate a need for caution for pregnant women, a need to recognise the degree of impairment while driving, or the negative effects on children and adolescents.”

Prime Minister Davis said that the public can be assured that the government’s approach to legislating, regulating, and spreading awareness will reflect the most recent and accurate research to promote responsible and safe use.

He  said that the Cannabis Bill allows for the establishement of The Bahamas Cannabis Authority, which ensures that cannabis is manufactured, produced, stored, distributed, sold and made available to patients in a safe and efficient manner.

The Authority will issue licences for the handling of cannabis and develop enforcement procedures.

The Bill also establishes the various licences that will enable legal access to cannabis for scientific, medical, and religious purposes. These include a cultivation licence, retail licence, analytical testing licence, manufacturing licence, research licence, transport, licence, and religious use licence.

He said the requirements for eligibility for the licences are fully outlined and that among these requirements is a very important requirement for Bahamian ownership.

“If an entity is applying for a licence to cultivate, sell, or transport cannabis, that entity must be 100 per cent Bahamian-owned. We also recognise the need to attract investors who may be looking for a well-regulated jurisdiction to conduct research. However, it is critical that Bahamians are also involved in research and development.”

Davis said that for entities applying for a licence for analytical testing, manufacturing, or research, they must be at least 30 per cent Bahamian-owned.

“We know how important it is for Bahamians to own this new industry. In fact, there should be no new industries developed in this country that don’t seek to empower Bahamians as owners. The cannabis industry will further establish this standard as a new industry with Bahamian ownership at every level,” Davis told legislators.

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