Madam Speaker,
I rise today on behalf of the people of Cat Island, Rum Cay, and San Salvador in support of a compendium of Bills to legalise the use of cannabis for medical and religious purposes, to decriminalise the possession of small amounts of cannabis, and to regulate the cultivation, sale and use of cannabis and related products within our borders and to promote the health and safety of our people.
This has been a long time coming, Madam Speaker.
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 & Tobago, Antigua & 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.
The national dialogue has been ongoing for the better part of a decade. Many people thought change was imminent when the Marijuana Commission began its work in October 2018. These efforts culminated in a preliminary report delivered in January 2020 and a final report delivered in August 2021.
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.
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.
In the PLP’s 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.
Our goal was to ensure that we 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. 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.
We also paid close attention to ongoing research on the issue – the most recent of which was a survey conducted nationally by Public Domain in 2023, which indicated that 61% 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.
No, Madam Speaker, 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.
We are 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.
I am confident that many lives will be changed for the better as a result of the criminal records that will be expunged.
Through these reforms, we are 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 recognise 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.
Madam Speaker,
Before us is a new economic reality in which cannabis has the potential to play a large role in our economy.
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.
Opportunities to export our fully regulated, high-quality product will give our local businesses and farmers access to expanded markets beyond our 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.
Madam Speaker,
A tremendous amount of effort has gone into ensuring that our 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.
Among the Bills before us today is the Cannabis Bill (2024). The objectives of this Bill are 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. The public can be assured that our approach to legislating, regulating, and spreading awareness will reflect the most recent and accurate research to promote responsible and safe use.
Part II of the Cannabis Bill establishes 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.
The requirements for eligibility for the licences are fully outlined.
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% 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.
For entities applying for a licence for analytical testing, manufacturing, or research, they must be at least 30% 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.
Madam Speaker,
Reviewing Part V of the Bill, we see a provision for use for medical and religious reasons. The full list of medical conditions recognised by this Bill can be seen in Schedule One of the Cannabis (Medical Cannabis and Recognised Jurisdictions) Order (2024).
I’d like to read that full list right now so that any members of the public who may be listening can be fully aware of the condition for which they may be approved to use cannabis and cannabis-related products.
This list includes Chemotherapy-induced Nausea And Vomiting, Chronic Pain, Multiple Sclerosis, HIV and AIDS, Severe Intractable Epilepsy, Damage to the Nervous Tissue of the Spinal Cord, Post Traumatic Stress Disorder, Rheumatoid Arthritis and Other Autoimmune Inflammatory Disorders, Autism, Glaucoma, Sickle Cell Anaemia, Anxiety, Sleep Disorders, Chronic Pain, Alzheimer’s Disease, Crohn’s Diseases, Hepatitis B, Dravet’s Syndrome, Depression, and ALS (also known as Lou Gehrig’s Disease).
This list is based on the most current research. It should be noted that it can and will be updated by a Committee comprised of medical practitioners and a clinical psychiatrist. Our goal is to ensure that we always rely on the latest research and medical expertise to meet the health needs of the Bahamian public.
Madam Speaker,
This Bill provides several safeguards to prevent the misuse of Cannabis. For example, medical practitioners are required to undergo a training programme on prescribing cannabis.
Medical cannabis will also only be dispensed by pharmacists and pharmacy professionals with education and training in dispensing cannabis.
To ensure the controlled use of cannabis for sacramental purposes, leaders of religious groups with organisational licences may only distribute cannabis as a sacrament to members in a place of worship or, alternatively, for those unaffiliated with an organisation, a licence may be granted for use in a secured private space in a residence, or where otherwise permitted according to the provisions of this Act in the cases where an exempt permit may be granted.
And cannabis will be electronically tracked every step of the way though importation, cultivation, manufacturing, transport, sales, exportation, and disposal.
To update the language in existing laws, amendments have been made to the Dangerous Drug Act, the Dangerous Drugs (Application) Order, and the Dangerous Drugs (Prescription of Minimum Amounts) (Amendment) Rules to remove the antiquated term “Indian Hemp” and recognise the modern usage of “Cannabis” for legal purposes. The Cannabis Bill (2024) introduces a number of Cannabis offences, which include unlawful possession, possession with intent to supply, production of cannabis, smoking cannabis in public places, misrepresentation of medical conditions, and the possession of unauthorised amounts of cannabis. All of these are offences under the new law.
Offenders, once convicted, will pay a fine of up to one hundred thousand dollars and/or face imprisonment of up to seven years.
This Bill further underscores the fact that decriminalisation does not equate to legalisation. I want to stress this fact. We are a country of rules and laws.
While this reform process may represent a move toward a more nuanced view of cannabis, it does not permit recreational use or unlicenced medical or religious use.
Additionally, any possession of small amounts, while decriminalised, will still be considered unlawful. Persons found with small amounts may be subject to a fine of $250.
Madam Speaker,
The Cannabis Bill (2024) is complemented by the Cannabis Regulations (2024), which further establish the licensing standards for the cultivation, sale, testing, manufacturing, research, transport, and religious use of Cannabis, as well as standards for the import and export of Cannabis, the production and packaging and labelling of cannabis products, and the promotion, sale, return and disposal of cannabis products.
I want to pause a moment to address concerns about the potential impact these changes will have on our society. I know there are some who worry about the impact of these changes on recreational use.
We have made it quite clear through the law the kind of usage that is permitted and the kinds of usage and possession that remain illegal. The public will be fully educated on the particulars of our reforms.
We also have a no-tolerance approach to marketing and promotional efforts that seek to make cannabis products appealing to minors. This is not unprecedented. Those concerned about how this will be handled need to look no further than the tight restrictions imposed on cigarettes.
These regulations establish the limitations placed on the marketing of cannabis.
Cannabis extracts cannot be promoted in a way that may cause a person to believe the extract has a flavour of a confectionary, dessert, soft drink, or energy drink.
Edible cannabis products may not be promoted as meeting dietary, physical, or physiological requirements or having other desirable physical effects like weight loss.
Cannabis, cannabis accessories, and cannabis-related services may not be promoted in a way that is audible or visible to young people nor can cannabis-related branding be displayed on the premises of a school, a public playground, a daycare facility, or any other public place frequented by young people or visible from such places.
When promoted online, promotional materials may not be sent to a minor or directed at a minor and may not include false, misleading, or deceptive information.
We are ensuring that our children are protected from predatory marketing tactics, and we are ensuring that advertisers are ethical and honest with how they are promoting cannabis products to the Bahamian public.
This compendium also includes the Cannabis (Medical Cannabis and Recognised Jurisdictions) Order (2024), which lists the recognised medical conditions in its first schedule.
The second schedule of this Order sets the standard for the maximum THC concentrations for various cannabis products. The Third Order establishes the jurisdictions from which medical cannabis cards will be recognised here in The Bahamas. The initial list includes 28 US states, as well as Canada, several Caribbean and Latin American nations, and a number of European Countries.
Other Bills and regulations in this compendium include:
The Pharmacy (Amendment) Bill (2024), which provides for the legal operation of cannabis dispensaries including all licensing and supervision standards. It requires the presence of a licenced pharmacist for the safe distribution of cannabis and cannabis products.
The Health Professions (Amendment to the First Schedule) Order (2024) adds “Cannabis Dispenser” to the First Schedule of the Health Professions Act, recognising cannabis dispensers as Health Professionals.
The Health Professions (General)(Amendment) Regulations (2024) further establishes standards for the purchase and dispensing of cannabis, specifying the dispensing of cannabis by authorised health service providers who have obtained the necessary certifications and experience requirements in cannabis dispensing.
And the Hospitals and Health Care Facilities (General) (Amendment) Regulations (2024) includes the establishment and regulation of cannabis therapeutic facilities, as well as licensing and staffing requirements.
Madam Speaker,
In introducing these reforms, the need to secure fair and just outcomes for every member of our society is paramount.
While we have exciting and passionate discussions about businesses and investors setting up shop and making their livelihoods from cannabis, we must, in the same breath, discuss the many lives that were put on pause due to the crime of carrying small amounts of the very same cannabis that so many businesses will now profit from.
There is a moral quandary here that must be addressed.
We introduced the Rehabilitation of Offenders (Expunging of Records) (Indian Hemp Offences) Order (2024) to allow people who were previously convicted for the possession of thirty grams or less of Indian Hemp under the Dangerous Drugs Act (Ch. 228) to apply to the Minister as a rehabilitated person to have their criminal records expunged.
And, as noted, moving forward, those apprehended carrying small amounts of cannabis will now be subject to a fine rather than a criminal conviction.
Madam Speaker,
I truly believe that this compendium of cannabis reforms represents a significant step forward as we develop a modern Bahamian economy and society.
We promised the Bahamian people that we were here to make the difficult choices, take on the big issues, and fight the hard fights.
And we’ve kept our word.
We kept our word when it came to reversing the economic lockdowns of the Minnis regime and re-opening this country for business.
We kept our word when it came to feeding our children free breakfasts, investing in education, and empowering our youth.
We kept our word when said we would uphold the rule of law by taking on the shantytown issue; by tightening our bail laws so that those who break their bail agreements can be held accountable; and by making laws to take on our decades-long issue with gangs.
We kept our word with tens of thousands of public servants, promoting over 2,000 of them, clearing up backlogs, increasing pensions, signing 32 trade union agreements for higher salaries and benefits, and conducting a review of salaries to increase wages this year.
After years of governments looking the other way while our power grid crumbled, we kept our word on energy reforms to deliver more affordable, more stable, and cleaner electricity to Bahamian households.
And now, today, we will deliver on yet another promise we made to the Bahamian people.
We are taking a substance that was once only sold illegally on street corners, and we are putting in place a framework that will allow it to be sold and used at a high and consistent standard for medical and religious purposes while empowering rather than imprisoning our people.
I look forward to seeing the many bright ideas and innovative concepts that will emerge as our best and brightest minds get to work at building this Bahamian-owned industry from scratch.
Madam Speaker,
I fully support this compendium of Bills for Cannabis reforms as a critical step forward for our nation and its people.
Thank you.