Retired judge says criminalisation not necessary for a ‘spliff’

Martina Johnson

Marijuana plants

 
During his 31 years practicing law, retired Justice Albert Redhead has seen too many young men convicted and jailed for varying crimes, from summary to indictable.

And while he said he believes a prison sentence is a good deterrent form of punishment, he doesn’t think it fitting in instances where someone is convicted for the possession of “a spliff”.

He told OBSERVER media, “One should not be criminalised for having a spliff. If one is caught with a joint, I don’t think he should be penalised to the extent of being sent to prison. There’s the alternative of probation; probation works sometimes.”

He hopes that among the reforms to the imposition of punishment, the authorities would see it fit to push for probation and community service sentences rather than jail time for such offenders.

Marijuana use, he said, is not something he condones, but adjudicators must be mindful of a number of factors and avoid sending people to prison where possible.

At the same time, he cautioned that decriminalisation is something that has to be given very serious thought if the authorities intend to proceed in so doing.

“One has to be very careful about decriminalisation because I have seen reports where marijuana has had a destructive effect on those taking the stuff. What I’m saying, it should not be seen to be encouraging the use of marijuana,” he stressed.

For possession of a few grammes up to two pounds of marijuana, an offender can be jailed for up to two years and also fined under the Misuse of Drugs Act.

“My policy is that if I can avoid sending a first-time offender to prison I would because in my view when he goes there he comes out worse than he went in because of the influences around him in prison,” he noted.

In recent years, the government expressed intention to work towards decriminalising possession of small quantities of marijuana.

Last year, Antigua & Barbuda’s Minister of Social Transformation and Human Resource Development Samantha Marshall had urged Commonwealth Caribbean Youth Ministers to follow the lead of Jamaica where a person caught in possession of up to two ounces of marijuana is ticketed and has to pay a fee as opposed to being convicted and/­ or jailed.