Permission to light up your small marijuana joint lawfully from 12.01 is Monday. That's when the recently passed law to allow possession of small amounts of marijuana will be proclaimed and becomes effective. That's also when people convicted or remanded for possession of minimum quantities of marijuana can start preparing to seek release from jail.
Prime Minister Dr Keith Rowley yesterday confirmed that Cabinet has approved the proclamation of the Dangerous Drugs (Amendment) Bill for lawful possession of 30 to 60 grammes of cannabis/marijuana. The law was passed by Parliament recently. Monday's proclamation of the law is the last step towards operationalising it.
Rowley said proclamation of the law will open the door for many things to happen.
The "new state" which he said will exist includes allowing people incarcerated for the minimum quantity of marijuana to be released. People will also be able to seek to have their records for possession expunged. While Rowley said the law wouldn't allow for pardons in bulk, he assured the process will be "fairly expeditious."
Attorney General Faris Al-Rawi, who created history by pushing the marijuana decriminalisation agenda and piloting passage of the law, told Guardian Media the law will become effective at exactly 12.01 am on December 23. From then on, people will be able to lawfully possess 30 to 60 grammes of "weed".
He quickly reminded: "But remember, they can only smoke in private dwellings or structures that aren't commercial buildings. They can't light up in public places, near schools or similar areas."
In the lead up to Monday, Al-Rawi said he had been in touch with the prisons administration, Police Commissioner and judiciary to begin systems to carry out the law where the release of prisoners and expunging of records are concerned.
"The prisons service is currently confirming the number of people on remand, or who've been convicted for the minimum amounts of marijuana to see what the potential numbers of those to be released will be. An estimated 8,500 people get charged for possession in Trinidad and TOBAGO annually and this number changes according to conviction and remand figures," he said.
The AG said people who will benefit from the law include:
° Those under charge or conviction for 30 grammes: automatic release.
° Those under charge/conviction for 30 to 60 grammes: a fixed penalty ticketable offence with a $2,000 fine
°Those in this category who don't pay that fine must serve a maximum 30 hours of community service. If not they're subject to a $50,000 fine.
° Those charged/convicted for 60 to 100 grammes are subject to a maximum of 50 hours community service or if not, a $75,000 fine.
Al-Rawi said after the Prison Service confirms the numbers involved, steps will be taken to ask the court to have them moved out.
"I've spoken to the Police Commissioner and the fixed penalty tickets have been sent to the Government Printery for printing. They should be available from December 23. People who seek to have their record expunged can write to the Commissioner of Police themselves. They won't require an attorney to apply for this. Once facts are certified, the record will be expunged automatically," he said.
A good character certificate will show a clean record.
"The police will have a very aggressive campaign to educate the public on the dos and don'ts of the law, such as where marijuana can be used, where, how much, etc. I've spoken to the judiciary and as soon as things begin to emerge, they'll deal with it," he said, adding that people can apply to have records expunged sooner than their remand date or via court application.
After records are expunged, pardons can be obtained by applying to the Mercy Committee. Applications will be on a case-by-case basis and their situation will be checked.
"We'll move with alacrity on this," the AG said when asked about the timeframes.