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Policy analysis and implications of establishing the Caribbean Cannabis

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DOI: 10.1108/DAT-09-2017-0052

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 Drugs and Alcohol Today
Policy analysis and implications of establishing the Caribbean Cannabis Economy (CCE): lessons from
Jamaica
Machel Anthony Emanuel, Andre Yone Haughton, K’adamawe K’nife,
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Machel Anthony Emanuel, Andre Yone Haughton, K’adamawe K’nife, (2018) "Policy analysis and implications of establishing
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DAT-09-2017-0052
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 Policy analysis and implications of
establishing the Caribbean Cannabis
Economy (CCE): lessons from Jamaica

Machel Anthony Emanuel, Andre Yone Haughton and K’adamawe K’nife

Abstract Machel Anthony Emanuel is a

Purpose – The purpose of this paper is to explore the effects of legislative amendments to the Dangerous Research Assistant at the
Drugs Act in 2015 and the establishment of a Cannabis Licensing Authority (CLA) in Jamaica as the first Department of Life Sciences,
Caribbean country to decriminalize cannabis and attempt to establish a medical cannabis industry. University of West Indies,
The research also attempts to understand the perception of key industry players and interest groups to the Kingston, Jamaica.
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existing regulatory framework in Jamaica. Andre Yone Haughton is an

Design/methodology/approach – The research reviews local and global trends, the developments in Economist at the Department of
cannabis legislation and conducts questionnaires as well as semi-structured interviews to get feedback from
Economics, University of West
key industry stakeholders and interest groups.
Indies, Kingston, Jamaica.
Findings – The findings suggest that there is a lack of confidence in the CLA in Jamaica, who are faced with
the task of balancing the emerging medical cannabis industry and formalizing the existing illegal cannabis K’adamawe K’nife is based at
trade. There appears to be inconsistencies and lack of coordination between the associated ministries, the Mona School of Business,
departments and agencies. The CLA in Jamaica has established two separate cannabis models that appear University of the West Indies,
to be incoherent in their approach to policy. On the one hand they are regulating cultivation, processing and Kingston, Jamaica.
supply, and on the other hand, the law remains unclear about the purchase or consumption of cannabis and
its by-products.
Practical implications – Countries must learn from Jamaica’s experience if they wish to effectively establish
a medical cannabis industry and legitimize existing illegal cannabis economic activities. These countries must
ensure they tailor fit the approach of their CLAs to minimize any negative perception from industry players.
Laws established to facilitate linkages from the cultivation to processing to packaging to transportation to
retail must also include clear laws surrounding the purchase and consumption of cannabis. Jamaica has a far
way to go and must continue to learn from other countries and states, for example, Holland, Spain and
Uruguay, while at the same time learning from itself.
Originality/value – This paper is novel as it addresses the transition of the legislative process in Jamaica.
It also serves as lesson for other countries that seek to engage in the development of their cannabis industries.
Keywords Caribbean, Policy, Jamaica, Cannabis Licensing Authority, Cannabis sativa,
Caribbean Cannabis Economy
Paper type Case study

Introduction
In 2015, Cannabis sativa was decriminalized in Jamaica. The country’s Parliament introduced
legislative amendments to the Dangerous Drug Act in 2015, making the possession of two ounces
(56.6 grams) or less of cannabis a ticket-able offense by law. In the rest of the Commonwealth
Caribbean countries Cannabis sativa is still illegal. However, Belize is poised to become the second
Caribbean country to decriminalize ten grams of cannabis or less, after legislators approved
amendments to the Misuse of Drugs Act, 2017. The Caribbean Community (CARICOM) in 2014
established a Regional Commission on Marijuana to address the issues identified and other
matters deemed relevant to provide clear guidance to the CARICOM Heads of Government with Received 15 September 2017
regard to a regional decision on the subject matter. The CARICOM Commission has since held Revised 30 October 2017
21 November 2017
town-hall meetings in various jurisdictions such as Antigua, Barbados, Guyana, St Vincent and Accepted 11 December 2017

DOI 10.1108/DAT-09-2017-0052 © Emerald Publishing Limited, ISSN 1745-9265 j DRUGS AND ALCOHOL TODAY
 St Kitts and Nevis in aid of advancing the discourse of cannabis regionally. Other NGO groups in
Dominica, the Rastafari Inity Waitikubuli Multipurpose Cooperative and Trinidad and Tobago,
Cannabis and You have also held public forums engaging cannabis discussions.
The Caribbean region has had a long-maligned relationship with cannabis that was documented
in the 1800s and saw the co-mingling of the African slaves and the indentured laborers from Asia
partaking in what seemed to be an evening ritual through the celebration of the Kali’s weed
(Bilby, 2000). This co-mingling enabled the multipurpose use of cannabis to diffuse into and
become embedded in the culture of the African working class (Rubin, 1975). Cannabis use and
cultivation in the Caribbean was made illegal in 1913 by the colonial elites. Despite cannabis being
illegal, the growing Rastafari movement from the 1940s and 1950s continued to patronize the
cannabis plant for sacramental and medical purposes. In the 1940s, Jamaica was home to
the first Ganja Enterprise headed by Leonard Percival Howell in the form of a Rastafari Community
occupying 500 acres of land known as the Pinnacle Estate. From the Pinnacle Estate, cannabis
was cultivated and transported to England during the Second World War (Kahleb, 2014).
The cultivation and consumption of cannabis in the Caribbean region have economic and cultural
importance over the decades to individuals, in particular members of the Rastafari faith.
Despite being illegal, cannabis is probably the most intra-regionally traded and most valuable
horticultural commodity. The International Narcotics Control Board (2014) reported that Jamaica
remains the largest illicit producer and exporter on cannabis in Central America and the
Caribbean, although the focus on trafficking cannabis has been to North America and Canada.
In recent times, there has been significant increase in cannabis trafficking to members of
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CARICOM such as Barbados, Guyana and Trinidad and Tobago. In the 1990s, there was a
decline in the Windward Islands Banana Industries. This was due to the elimination of protected
trade to European markets which reduced the standard of living and livelihoods of the rural
communities. Cannabis subsequently replaced bananas as the main agricultural commodity.
Many of these islands have increased production of cannabis as a viable alternative (International
Narcotics Control Board, 2014). Edmonds (2015) using data from the Royal St Lucian Police
Force and the International Narcotics Control Strategy Reports suggested that it has become
clear that “ganja” contributed more to the domestic economy than bananas did when production
peaked in St Lucia and completely overshadowed banana production in St Vincent.
Enacting the correct Cannabis Legislation across all the territories appears to be an unwinding
complex issue given the interconnectedness of trade patterns between counties. Fundamentally,
the decriminalization of the cannabis industry in one country does not translate into the cessation
of illegal trade within the region. Jamaica being one of the largest known producers of cannabis in
the region has had a long, profitable relationship with its Caribbean neighbors. Jamaica has been
a source of seeds, final products and knowledge transfer across the Caribbean. Unfortunately,
it is clear that within this illegal trade, both the farmers and the final consumers profit the least.
The middlemen tend to under-pay farmers and overcharge distributors who also overcharge the
local consumers in the respective territories. The quality of the product is also questionable,
the products are hastily packaged, stored in poor condition and there is little or no quality control.
Essentially, postharvest best practices are seldom applied. The end result being the consumer
pays a high price for a “low”-quality product.
Additionally, the Caribbean territories that have rapidly emerging local industries (e.g. Guyana, St
Kitts and Nevis, St Vincent, Trinidad and Tobago, Dominica, Guyana, St Lucia, Antigua and
Barbuda and Barbados) are faced with the same negative externalities as seen in Jamaica. This
suggests that there is a need to establish a plausible and sustainable framework for the Caribbean
Cannabis Industry. Therefore, how will the regional governments strategize, develop and integrate a
formal, cannabis economy, surrounding the cultivation, processing, transportation and distribution
of cannabis products that meet global standards and certification which will allow for integration
and competition within the Global Cannabis Economy (GCE)?

Legislative transition in Jamaica

The Government of Jamaica in the year 1999 established a National Commission on “ganja”
with an attempt of understanding the complexity and the entirety of the cannabis situation,

DRUGS AND ALCOHOL TODAY

 both locally and abroad. The aims were to investigate and possibly resolve the disparities
between the interests and perceptions, and the historical approach the government had taken as
it relates to cannabis, to examine apparent inequities in the administration of justice, bureaucratic
insensitivities to the cultural context of cannabis, the profound differences of opinion and facts of
cannabis as it relates to health and the substantial shifts in global thought on cannabis and how
these shifts might impact Jamaica (Chevannes, 2001). In 2001, the chair of the commission
reported in The Gleaner that the majority of persons who appeared before the commission were
in favor of decriminalization. However, decriminalization remains a hotly contested and highly
controversial issue, as most persons together with the members of the Rastafari faith who are
claiming religious rights argue strongly for legalization. He further stated that neither law nor gentle
persuasion will ever eradicate the growth and use of cannabis in the Jamaican society. Chasing
“spliff” smokers is futile and counter-productive law enforcement and the upgrading of legal
farming activity will be a more attractive economic alternative. It will be difficult to separate the
illegal trafficking from the recreational or religious usage, an effort must be made in that direction.
Twelve years later, the subject of amending the law in Jamaica not to criminalize citizens for
possession of small quantities of cannabis became a hot topic when a construction worker by the
name of Mario Deane died in police custody three days after being arrested for the possession of
a “ganja” spliff. At the time, the Minister of Justice Hon. Mark Golding emphasized the need
for Jamaica to decriminalize the smoking and possession of small quantities of cannabis
(The Gleaner, 2014).
On April 15, 2015, the Dangerous Drugs (Amendment) Act 2015 became operational.
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The amendment introduced several changes to the law as it relates to ganja/cannabis.

The possession of two ounces (56.6 grams) or less of Cannabis sativa is no longer a criminal
offense. However, the police may issue a ticket to anyone found in the possession of two
ounces (56.6 grams) of Cannabis sativa or less and the individual in question would have
30 days to pay the fee of J$500 which is equivalent to US$3.86 at any Tax Office island wide.
Additionally, anyone who is found in possession of two ounces (56.6 grams) or less, but seems
to display signs of dependency on cannabis will be referred to the National Council on Drug
Abuse for counseling. On the other hand, it remains a criminal offense to be in possession of
over two ounces (56.6 grams) of Cannabis sativa, offenders can be subjected to be arrested,
charged, tried in court and if found guilty, the individual can be fined or sentenced. Each
household is now allowed to legally grow no more than five cannabis plants on its premises,
if there is more than one household on any premises they will also be allowed to cultivate five
cannabis plants each (Ministry of Justice, 2015).
Provisions were granted to members of the Rastafari faith to use and cultivate (once granted
authorization) cannabis for sacramental purposes in locations registered as places for Rastafari
worship. With the implementation of the Dangerous Drugs (Amendment) Act 2015, a Cannabis
Licensing Authority (CLA) was created for the purpose of enabling a lawful, regulated cannabis
industry for medical, therapeutic or scientific purposes and also hemp to be established in
Jamaica. Therefore, the CLA will be responsible for issuing licenses, permits and authorizations
for the handling of Cannabis sativa and its derived products, to provide and establish the
regulatory framework that will govern the Jamaica Cannabis Industry (Ministry of Justice, 2015).
However, without laws in place to support the purchase and/or consumption of cannabis, a
legislative body designed to facilitate the cultivation, processing, distribution and the supply of
cannabis is redundant. Uruguay, for example, has stipulated by law that each person can
purchase 40 grams of cannabis per month or 10 grams per week (Walsh and Ramsey, 2016).
The decriminalizing of cannabis is therefore necessary but not sufficient legislative amendment
needed to mitigate the cost and increase the benefits to be derived from a cannabis industry.
According to Gieringer (1999) as the frenzy surrounding drug wars become more moderate, a need
arises for revision of laws that continue to prohibit the use of cannabis. The decriminalization of soft
drugs has become an actively discussed political issue in countries such as Germany, Italy,
Switzerland, France and Australia. These countries have examined the feasibility of policies which
range from decriminalization, defined as the abolition of criminal who cultivate or use cannabis
privately, to legalization, which would allow cannabis to be sold commercially. Therefore, the type of
legislation enacted will have bearing on how much revenue a country gains from its cannabis industry.

DRUGS AND ALCOHOL TODAY

 Decriminalization has been criticized for ignoring the unregulated black market that facilitates the
production and sale of cannabis and its by-products. The Government receives tax revenues when
income generated from the cannabis industry is spent within the legitimate local economy and incur
value-added tax (VAT) or other types of indirect taxes. As such, measures must be taken to regularize
the black market.
Easton (2004) suggests that the long-term restriction of the supply and purchase of cannabis
cannot be sustained due to technological advancements. Easton (2004) links the prohibition of
cannabis to that of alcohol in the earlier years of the nineteenth century. Easton (2004) sheds light
on the fact that the easy production and distribution of cannabis limits the government’s ability to
control the substance through prohibition laws. Easton (2004) also emphasized that legalizing the
production of cannabis in British Columbia would not only reduce organize crime, but it would
also provide the government with a steady source of revenue to finance its many expenditures.
Given the amount of resources dedicated to the drug war globally and locally, tremendous
resources could be redirected to other needed sectors for example health care and education.
Furthermore, these eradication dollars are normally without bringing back any revenue to the
government. The alternative in this would be to use these funds to invest in the industry so that it
might become long-term viable.
Miron (2005) considers legalization as a more substantial policy change than decriminalization for
three reasons: legalization eliminates arrests on trafficking, as well as for possession; legalization
reduces expenses related to prosecution and incarceration; and legalization allows for taxation.
There are clear economic and social benefits to be gained from fully exploiting all the cultivation
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and production possibilities of the cannabis plant through horizontal and vertical diversification and
linkages. Conversely, there is a pressing concern whether or not the benefits to be derived from the
cannabis industry are greater than the costs of its cultivation, production and consumption to the
“non-cannabis-smoking taxpayer.” It is important to understand how to establish the right
economic and legal platform to facilitate an efficient, simple, smart and low-cost business
environment that will provide the right balance by regulating business transactions while at the
same time increase the earning potential of households, firms and the government.

Global advancement in cannabis policy

Although cannabis is illegal, some countries have implemented laws to permit the use,
possession and the cultivation of cannabis for medicinal and recreational purposes in some
instances. The USA has not legalized cannabis as a country, but some states have opted to do so
given the difference between state and federal law. Currently in the USA, 26 states and the
District of Columbia have enacted laws to legalize the use of medical cannabis. Eight states,
Alaska, California, Colorado, Massachusetts, Maine, Nevada, Oregon and Washington, permit
the sale and possession of cannabis for non-medicinal purposes.
The following countries allow the consumption and the possession of small quantities of cannabis:
Argentina, some states in Australia, Belgium, Chile, Columbia, Croatia, Czech Republic,
Germany, Holland, Jamaica, Macedonia Mexico, Peru, Portugal, Russia, Spain, Uruguay and
Venezuela. In Uruguay, it is illegal for tourist to buy cannabis. They can consume it if given as gift[1].
This simple yet efficient manipulation of the law has aided these countries to foster a thriving
cannabis tourism industry. Uruguay for example sells tour packages that include samples of
cannabis that the tourists are allowed to consume along the tour trail. This has facilitated a
budding cannabis tourism industry which Caribbean countries could possibly replicate. In Spain
and Uruguay for example, it is legal to cultivate cannabis for personal use similar to the case of
Jamaica. In Uruguay, households who cannot grow their own can join one of the local cooperatives
that grow the plants on their behalf for an annual or monthly fee. This too can be a model that
Caribbean countries can adopt to improve the quality, standards and safety assurance of the
cannabis cultivated within that country.
The Netherlands have always taken a pragmatic approach toward cannabis regulation, but the
sales of cannabis have been tolerated where the cured inflorescence and processed products
can leave the coffee shops via the front door, but production and cultivation (i.e. back door or the
supply chain) remain prohibited and this has led to concerns about the links between the coffee

DRUGS AND ALCOHOL TODAY

 shops and the black market economy (Rolles, 2014). The free market price of cannabis is
estimated to be particularly low without taxation, which allows for the government to impose
higher taxes on cannabis while keeping the price at a competitive level with other intoxicants
(Hajizadeh, 2016). In the first two years following the legalization of cannabis in Colorado,
a significant amount of tax revenue was collected. Hajizadeh (2016) noted that recreational
and medicinal sales approximated to over US$1 billion and the state collected more than
US$135 million in taxation revenue and fees in 2015.
The global cannabis industry is currently valued at approximately US$450 billion. However,
cannabis remains prohibited in most countries, and the production and trade of cannabis is
illegal. As previously noted, businesses involving cannabis is mostly conducted in
the informal economy or on the black market. Thus, there is an absence of a paper trail, as the
trade is conducted in cash money. This therefore provides an indirect collection of tax revenue
for the state, as income earned and then spent in the formal economy is taxed through VAT,
consumption tax or sales tax (Kovic, 2014). The benefits a country can derive from
the cannabis industry will depend on its ability to maneuver its legislative structure to properly
coordinate the actors in the industry within the constraint of United Nation’s Single Convention
on Narcotic Drugs.

Case study: the perception of the cannabis regulatory framework in Jamaica

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The policy framework of many jurisdictions within the GCE is rapidly evolving as governments
around the world continue to tailor laws and strategies to facilitate the use of cannabis for
recreational as well as medicinal purposes to the benefit of their local economies. Fundamentally,
in order for a country to reap the maximum economic benefits and minimize the health and social
risks associated with any commodity industry, it must first establish the correct legislative
framework to support the industry and its participants.
In this regard, implementation of any cannabis legislation and policy framework cannot be done in
isolation of the industry players, who possess a wealth of experience and knowledge associated
with cultivating, processing, packaging and distributing cannabis and its derived products.
Especially in the Caribbean region where the dynamics of the industry has been mainly
underground due to the illegality of the product and its trade. The perception of these industry
players and their opinions regarding the fluency of the existing legislative process is paramount,
if any government and its CLA are to effectively implement the correct cannabis legislative
framework to work toward the proper functioning of their cannabis industry.
Scarce Commodity Plant Consulting and The University of the West Indies conduct extensive
research on all aspects of the cannabis industry in order to make recommendations to aid in
development of policies to establish a sustainable Caribbean Cannabis Economy (CCE). Scarce
Commodity Plant Consulting has been hosting forums and symposiums since 2011 and has
contributed to the advancement of the legislative framework surrounding the Jamaican Cannabis
Economy ( JCE). Given that Jamaica is the leader in the Caribbean, it is essential to understand
the general perception of the regulatory framework established thus far.
Research was conducted to analyze the perception of the major cannabis industry players and
interest groups to the cannabis legislative framework and the effectiveness of the CLA in Jamaica
for the year 2017. Data were collected from survey instruments along with semi-structured
interviews and focus groups administered at the re-launch of the Ganja Growers and Producers
Association of Jamaica and SCARCE Commodity’s Scarce Fest, Jamaica 4/20 Cannabis Cup
held at the National Conference Centre on April 20, 2017, as well as the 14th Annual Stepping
High Festival in Negril Jamaica held on March 4 and 5, 2017.
The sample involved 200 cannabis interest groups and the survey instrument was administered
throughout the duration of the event by four interviewers. The survey response rate was
approximately 29 percent as only 58 of the 200 questionnaires administered were completed.
A sample including cannabis farmers, producers and distributors from all 14 parishes,
government officials and other interest groups who were present was randomly selected to
participate in the study. All groups that had an interest in cannabis whether for medical,

DRUGS AND ALCOHOL TODAY

 recreational, or economic purposes were represented within the survey sample units.
The questionnaires were administered face to face to give respondents the opportunity to
understand what exactly was required of them.
The results from the survey and semi-structured interviews indicated that in the context of the
JCE, there is a general belief that the country has not developed the right cannabis legislation.
The survey indicated that 81 percent of cannabis interest groups in Jamaica do not believe that
the right legislation has been enacted while only 19 percent agree that the industry is
properly legislated.
Currently, the JCE is under the guidance of the CLA who appears to have little or no
understanding of the industry and what is required of them. The main focus of the CLA thus far
has been to foster the growth, development and orderly regulation of a legal cannabis and hemp
industry in Jamaica, including the use of the plant and/or derivatives thereof for medical,
therapeutic and scientific purposes. However, when it comes to the sufficiency of this body to
regulate the industry, 72 percent of cannabis interest groups believe that the CLA and the Bureau
of Standards together are inadequate in their approach toward the JCE.
It is imperative to grasp a comprehensive understanding of the perception of the Jamaican
people toward a cannabis regulatory framework. Historically, there has been a negative attitude
by cannabis interest groups toward the CLA. This attitude is due to different factors which include
a rigid fee structures faced by cannabis farmers, growers, and processors along with the speed
of transition from an illegal ganja trade to a legitimate cannabis economy. These actions taken by
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the authority have resulted in distrust between cannabis interest groups and the regulatory body.
An alarming 85 percent of cannabis interest groups have failed to apply for Cannabis Licenses
from the CLA. Only 13 percent of the interest groups have applied for a license while 2 percent are
still in the process of doing so. Only 5 percent of interest groups rated the licensing process as
good while 50 percent were indifferent as to whether or not the process was good or poor.
This is an indication that there is much more work to be done by the CLA if there is going to be a
complete buy-in to the cannabis regulatory framework by all cannabis interest groups. However,
there might be challenges to be dealt with. In order for the cannabis industry to move forward,
any institution that decides to undertake the regulatory responsibility should be transparent and
accountable in its approaches and operations. The CLA might face numerous challenges as our
results show that 46 percent of cannabis interest groups lack confidence in the capacity of the
CLA to effectively regulate the industry where 27 percent disagree and 19 percent strongly
disagree. The CLA was supported by 28 percent of the interest groups where 19 percent agreed
that the entity had the capacity to regulate and 9 percent strongly agreed. Due to the level of
progress made to date within the JCE, cannabis interest groups would welcome a move toward
third-part regulatory body.

The CLA: a complex challenge

The apparent lack of confidence in the CLA to properly regulate the JCE is deeply rooted in the
agency’s approach thus far. There are several concerns that the CLA has been criticized for. First,
they are said to be disorganized. Second, they lack a coherent understanding of the local
cannabis economy and third there is no clear business model and hence obvious difficulty in
generating the buy-in from the broader stakeholders. In an interview on “Ganja Talk” at the
University of the West Indies News Talk 93 FM radio station, the Director of the CLA, Mr Greg
Douglas, outlined that one of CLA’s aims is to facilitate the smooth accommodation of foreign
direct investment in the industry. For a point of reference, the licensing fees are invoiced in US
dollars and not the native Jamaican dollars. As a result, cannabis industry players are very
skeptical of the CLA who have not fully provided a clear directive for the existing illicit trade.
It is within this context that the CLA has proposed to support an alternative development model
designed to address the existing illegal cannabis trade, which has been approved by the
Jamaican Government. The urgency is for a model that endogenizes the growth and
development of the cannabis industry in its entirety. The CLA is seeking to establish a
standardized regulatory framework in the absence of standard bearing bodies, and sufficient

DRUGS AND ALCOHOL TODAY

 public and private sector dialogue. The entity also lacks the social capital needed to engage the
key stakeholders ( farmers) on the ground.
The main industry players are anticipating that the CLA can assist Jamaica to transition its
existing illegal cannabis trade to a properly functioning cannabis economy that will lay
foundation for the establishment of the CCE within the context of the GCE. The process
however has been slow. The CLA claims that in order for Jamaica to have a flourishing industry
they must demonstrate to the rest of the world that they are responsible and respectful to the
stipulations of the United Nations. Essentially the CLA’s structure only allows it to ineffectively
engage the potential investors. It appears that CLA lacks the capacity and/or the human
resource to carry out the numerous tasks outlined under the monitoring framework from pre- to
post-harvesting and distribution. Currently, the Rural Agriculture Development Authority in
Jamaica has one extension officer to every 1,000 farmers, and this does not include cannabis
farmers, given the farming of the plant is still illegal they cannot properly be monitored.
As of October 2017, the CLA approved five licenses but has granted only three thus far out of
the 210 applications received. Two tier-1 cultivation licenses that allow the farmer to cultivate on
a maximum of one acre of land and the third license that allows the entity to process cannabis,
no distribution or retail licenses have been granted thus far[2]. According to the International
Narcotics Control Board, (2014), an estimated 15,000 hectares of land is currently been
used for illegal cultivation of cannabis across Jamaica. This translates to approximately
37,000 acres which means that if the CLA wishes to address the illegal trade, they would have
to grant 37,000 tier-1 licenses as an example to cover the existing supply. However, the
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traditional ganja farmers appear to have boycotted the application process given that less than
300 applications have been submitted across all five licensing types.
While only three licenses have been granted, Jamaica’s Ministry of Health has trained and
certified up to 80 persons to prescribe medical cannabis. According to the Ministry of Industry,
Commerce, Agriculture and Fisheries in Jamaica under whose Ministry the CLA resides, they
“are interested in cannabis from one standpoint only, that it can serve to create medicines that
will not only help Jamaicans but, hopefully, the world, if we are able to get to that level of
acceptance where our products can be marketed internationally”[3]. So far, nine medicinal
cannabis products have been registered with the Ministry of Health and three of which have
been approved since June 2017.

Conclusion
Cannabis legislation in the Caribbean has been evolving but at a slow pace. Jamaica appears to
be the most advanced but has only decriminalized cannabis. Unfortunately, the country has only
granted a single license for processing and two licenses to cultivate on an acre of land, none to
transport or for retail to consumer. Currently, more than 37,000 acres are currently being
cultivated illegally. An interest group perception survey administered by Scarce Commodity Plant
Consulting and the University of the West Indies, Mona Campus, found evidence to suggest that
there is a lack of confidence in the CLA. Faced with the task of balancing the emerging medical
cannabis industry and formalizing the existing illegal cannabis trade, the CLA has established,
to some extent, two separate cannabis models concurrently. Neither of which has demonstrated
coherence in their approach to policy. Apart from the Rastafari community who are allowed to
consume cannabis for sacramental purposes, the law remains unclear about the purchase or
consumption of cannabis and its by-products. To this end, the Ministry of Health has approved
three cannabis products and has trained 80 persons to prescribe medical cannabis locally.
The evidence highlights the complex task of the CLA in Jamaica. Nonetheless, the Caribbean and
other countries can use the Jamaican experience as a guide in their effort to formulate their own
policies to effectively regulate the local cannabis industry within the construct of the United
Nations Single Convention on Narcotic Drugs. Efforts must be taken to improve the public’s
perception of any CLA that is established. The laws being put in place to establish a cannabis
industry with linkages for the cultivation, processing, packaging, transportation and retail must
also include clear laws surrounding its purchase and consumption. Jamaica has a far way to go
and must continue to learn from other countries and states, for example Uruguay, Holland and

DRUGS AND ALCOHOL TODAY

 Spain while at the same time learning from itself in order to carefully balance the emerging medical
cannabis industry, minimize the negatives associated with the existing illegal ganja economic
activities while meeting the needs of the local populace.

Notes
1. http://cannabis-education.org/info/marijuana-tourism-in-uruguay/

2. http://cla.org.jm/sites/default/files/documents/PRESS%20RELEASE-The%20CLA%20has%20issued
%20it%27s%20first%20two%20licences.pdf; Also for further information on the licensing structure, fees,
categories, etc., please visit http://cla.org.jm

3. http://jis.gov.jm/govt-remains-committed-medical-marijuana-industry/

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pp. 221-41.

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Corresponding author
Machel Anthony Emanuel can be contacted at: machelemanuel@gmail.com

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