The Tribune

By NEIL HARTNELL

and YOURI KEMP

Tribune Business Reporters

Concerns have been voiced that persons and companies lacking pharmaceutical and medical qualifications can obtain licences to operate marijuana dispensaries under the Government's proposed regulatory regime.

Shantia McBride, the Bahamas Pharmaceutical Association's (BPA) president, confirmed to Tribune Business that some pharmacists have raised concerns that the Cannabis Bill 2023's retail licensing provisions are too open and not stringent enough to prevent unqualified individuals and firms from operating medical marijuana dispensaries and therapeutic facilities.

But, pointing out that consultation over the Government's medical marijuana reform package has only just begun, she added that these concerns can be addressed through "ensuring proper regulation and training is in place". The Association will also tackle the issue in the recommendations and feedback it submits to the Government.

Revealing that the Association and other medical bodies had met with the Government prior to the public release of multiple new Bills and legal amendments, Ms McBride told this newspaper: "At this current time, we're still in conversation with the Government. Our discussions have just begun.

"The concern [over retail licences] was raised, and the minister has been open and the attorney general in discussions explained the parameters of the Bill to us. At this time, we're having conversations with the Government and are ready to sort everything out between dispensaries and pharmacies.

"Concerns were raised by some, but it's ensuring proper regulation and training is in place, and we will definitely make the views of membership known. We've had conversations with them already, so we are moving forward with the discussion and are now adding in what the public's view is. All the industries are in conversation and all are drafting our recommendations. At this time we're making sure everything is covered and regulations will be in place."

The ministers referred to by Ms McBride were Dr Michael Darville, minister of health, and Ryan Pinder KC, attorney general. Under the proposed Cannabis Bill 2023, a retail licence will be needed for the operation of “a cannabis dispensary and therapeutic facility” plus the sale of marijuana and associated accessories "for medical, scientific research and religious purposes".

However, it does not state if any medical, pharmaceutical or other academic/industry specific qualifications are required to obtain such a licence. The Bill only disqualifies applicants if they were previously convicted under the Dangerous Drugs Act, Proceeds of Crime Act, Criminal Justice (International Co-Operation Act) or the actual Bill itself, while the grounds for not issuing a retail licence, suspending or revoking it make no mention or reference to qualifications.

It now remains to be seen if this will be addressed in the Cannabis Bill's regulations. Meanwhile, Ms McBride said her Association and its members are “on board” with medical marijuana but do not believe there will be a stampede for the product among local consumers.

She said: “The draft document has been out there for canvassing the market and the industry, and we’re on board with it. We don’t have any objections to the Bill. We’re just working on strategising and reading it, so since it’s out now we want to put in our recommendations and move forward with the Bill.”

“Under the proposed regime, cannabis will only be legally accessible for medical, scientific or religious purposes,” the Cannabis Bill’s “objects and reasons” section added. Corporate entities seeking a licence for the cultivation, retail, transport or religious use of marijuana must be fully or 100 percent Bahamian owned. This aligns with the National Investment Policy, which permits Bahamian ownership only in sectors such as retail and transport.

Foreign investment, ownership and participation, though, will be permitted when “applying for an analytical testing licence, manufacturing licence or research licence”, but there must be at least a 30 percent Bahamian equity ownership interest in the entity involved. The Government has now moved into the consultation phase of the much-anticipated cannabis legalisation and proposed regulations.

“They would mostly be controlled substances and so pharmacists are aware of the Dangerous Drugs Act and controlled substances. It is an understanding with the pharmaceutical order and the pharmacology of cannabis,” Ms McBride said. “It’s just a matter of us ensuring that each aspect of the Bill does what it needs to do to protect individuals who will be using it, and also that the pharmacies would be guided on what it entails.

“I don’t think people are going to be lined up for marijuana at the pharmacies, but there is a need for it in treatment, so this is why it was brought forward to the table. There is a need for it in terms of treating patients that physicians feel the benefit for medicinal marijuana, but I don’t see it as persons will just be lining up for medical marijuana unless they have a need for it and their physician prescribes it.”

Patients will not have to visit illegal drug dealers for a half an ounce of marijuana once the legislation is passed, which is the “best case scenario” with pharmacies involved in dispensing the plant. “You have to consult with your physician, find out what your condition is and see within the Act what your treatment is and the benefits. Then you would go to the pharmacy as per recommended by the prescription of the physician,” Ms McBride said.