Attorney General Anil Nandlall has cautioned members of the Guyana Police Force against locking up persons who are in possession of 30 grams of marijuana or less stating that it is against the law.

The statement from the Attorney General follows a report of the Police arresting and locking up a man who was allegedly nabbed with 15 grams of marijuana. In a separate incident, another person was arrested and kept in custody by the Police after being found with 4.2 grams of Marijuana in Matthews Ridge.

During his weekly “Issues In the News” programme last night, the Mr. Nandlall reminded that the Government has amended the Narcotics and Psychotropic Substance Control Act, which has removed mandatory custodial sentences in respect of possession of marijuana up to 30 grams.

“The principle is, that if you cannot be found guilty and jailed at the conclusion of your case., or if you plead guilty then a Police Officer has no power and authority to put you in the lock up for that offence when you are arrested, you are entitled to bail,” Mr. Nandlall said.

The amendments of the Act divide possession into two categories. If a person is found with 0-15 grams of marijuana, than person can be charged but the penalty would be mandatory counseling, while if someone is found with more than 15 grams but less than 30 grams of marijuana, the penalty is community service which can be ordered by a Magistrate.

“So, there is no mandatory imprisonment, in fact, there is no imprisonment in respect of possession of narcotics below 30 grams. If the Court cannot sentence you at the conclusion of a trial or if you plead guilty, if a court cannot sentence you to a term imprisonment, then the Police cannot lock you up for that offence and that is a principle of law that runs across every offence,” Mr. Nandlall stated. 

Mr. Nandlall said that if the offence doesn’t carry imprisonment when a person is found guilty, prior to being found guilty, that person cannot be locked up.

“So the police officers are hereby advised, that they are not to detain persons in the lockup for possessions of marijuana below 30 grams, they must grant bail and they must charge and put the person before the magistrates court and that apply to all offences that doesn’t carry a term of imprisonment,” Nandlall said.

There have been calls for a full decriminalization of small amounts of marijuana, but the Government has not moved in that direction.

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