by Jay Jackson
Cannabis is rapidly becoming a foriegn policy issue for the UK government, as crown dependencies and British Overseas Territories attempt to move away from the UK’s failed experiment at cannabis prohibition – towards legalised, controlled, regulated systems.
Under the cover of the appointment of a new Prime Minister yesterday, the UK government quietly announced a long-awaited decision on the permittance of the production, cultivation and sale of cannabis in the Caribbean British Overseas Territory of Bermuda.
Following on from our article on the crown dependencies and cannabis reform, it has been announced today that Rena Lalgie, UK Government appointed Governor of Bermuda, has been instructed to refuse assent to the Cannabis Licensing Bill, despite having previously received assent to the legislation in May.
The Governor announced that she had been told to do so by the Foreign Secretary, a position previously held by now Prime Minister, Liz Truss.
Ms Lalgie stated that: “The Secretary of State for Foreign, Commonwealth and Development Affairs concluded that the bill, as currently drafted, is not consistent with obligations held by the UK and Bermuda under the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances.”
In Bermuda, cannabis is currently legal for medical use and decriminalised for recreational use, providing an individual is in possession of no more than seven grams of the substance.
However, the proposed legislation would have provided a regulatory framework for the production and supply of the drug via the distribution of licences. This was aimed to allow individuals to possess higher amounts, and expanded to include the growing, harvesting, and selling of cannabis.
Subsequently, the blocking of this legislation has further prevented the growth and expansion of the global cannabis industry.
Regarding the instruction to refuse assent, the Governor stated: “Disappointing, but not surprising, given the confines of our constitutional relationship with the UK government and their archaic interpretation of the narcotic conventions.”
“The people of Bermuda have democratically expressed their desire for a regulated cannabis licensing regime, following the strong endorsement at the ballot box and an extensive public consultation process.”
“The Government of Bermuda intends to continue to advance this initiative, within the full scope of its constitutional powers, in keeping with our 2020 general election platform commitment.”
The Government of Bermuda has yet to respond to this news. However, in 2021 Premier David Burt stated that: “If Her Majesty’s representative in Bermuda does not give assent to something that has been passed lawfully and legally under this local government, this will destroy the relationship we had with the United Kingdom.”
It follows that cannabis is now a key sticking point in relations between Bermuda and the UK, with the new government backtracking on previous promises and Bermuda adamant that they will continue to push for the new legislation. It will be interesting to see what this means for drug policy in the other crown dependencies, and opens up questions regarding cannabis becoming a foriegn policy issue for the incoming UK government under former Foriegn Secretary Liz Truss.
Whilst recreational cannabis markets are technically illegal under the obligations of International Law resulting from the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances, many countries including the USA, Uruguay and Canada have successfully established alternatives to prohibition.
The UK’s international treaty obligations are an excuse, not a reason, for blocking the proposed reforms – with stigma towards cannabis and people who use it, and a desire to look ‘tough’ on drugs more likely behind the UK government’s refusal to allow these progressive reforms.
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