Attorney General, Senator and Minister of Legal Affairs, Ryan Pinder KC, during his budget contribution in the Senate on June 20, 2024. Photo: Dante Carrer/Tribune Staff
By KEILE CAMPBELL
Tribune Staff Reporter
kcampbell@tribunemedia.net
ALTHOUGH the Davis administration plans to decriminalise possession of up to one ounce of cannabis with a fixed penalty of $250, Attorney General Ryan Pinder warned that people with this amount could still face far stiffer penalties if they intend to distribute the drug.
His comment in the Senate came before senators passed a compendium of bills moving the country closer to legalising cannabis for medical and religious purposes.
The legislation does not sanction recreational marijuana use in any context, but those found with up to 30 grams of the substance would face a fixed penalty of $250, which would not appear on their criminal record.
However, Mr Pinder cautioned that people are “sorely mistaken” if they think having such amounts of cannabis would automatically result in a ticket.
“Even if you have less than an ounce, if your actions or your methodology of possession or otherwise demonstrate an intent to supply, then the law will view you as having a forbidden substance with the intent to supply,” he said.
He described a hypothetical situation where a person could have many rolled joints that, altogether, amount to 30 grams of cannabis.
“Clearly, that is evidence of intent to supply, and that’s how that will be viewed,” he said. “Now, the courts will ultimately have to make the decision on that, but from a prosecution point of view and the police’s point of view, your actions and how you possess and how much you possess and what you possess are indicative of whether you are in simple possession or possession with intent to supply, and that framework is unchanged.”
Under the legislation, having cannabis with the intent to supply can carry hefty fines or a prison term.
Mr Pinder told The Tribune the government will now bring the legislation into force.
“Licences won’t be able to be issued, and applications won’t be able to be received until the Cannabis Authority is constituted, the digital portal has been selected and is up and running, and different protocols are developed,” he said.
Comments
AnObserver 5 months ago
Meanwhile, in the civilized world, you can walk up to a booth at a concert and buy whatever sort of THC or CDB enriched product you'd like for a few bucks in a safe, controlled environment. Do these politicians realize it is 2024? Alcohol and tobacco are far, far more dangerous than weed.
DWW 5 months ago
it is, perhaps, a bit discriminatory and anti-constitutional to grant specific privileged benefits to 1 specific religious group while excluding others?
John 5 months ago
R you know when America decided to legalize Cannabis even at the state level, the thinking was that ‘ok we, as a country, cannot reduce the appetite for marijuana in the country. So instead of having so many Billions of narco dollars leave the country annually, we would legalize marijuana and keep the weed money in the country. And even for recreational purposes. That is all fine and dandy as long as you stay in the state where marijuana is legal. But what persons ( mostly black) are finding out the hard way is that even if you have a prescription and you cross over into a state where marijuana is not legal, not only can you be charged with simple posession, but ‘posession with internet to supply.’ Which carries a much harsher penalty and is one of the reasons why Biden is attempting to reclassify marijuana as a non dangerous substance similar to asprin or cough syrup. So unless this NEW DAY government is willing to fine a citizen or visitor $360 for walking around with two panadol tablets or a bottle of cough syrup, the fixed penalty should be no more than $25 and $50 in the extreme. If a guy has a habit and you gonna charge him a $250 penalty for a less than $5 joint you looking to see an increase in crime as rather than a joint causing the dude $5, it can now cost him $255.00. And yes smuggling is a widespread problem in this country so who was supplying the country with weed alll during the pandemic when the ports were supposed to be closed. Seems like this bill is to enrich some and disenfranchised others .
Bonefishpete 5 months ago
Florida has recreational pot on the ballot in November. With the Vice President entering the race is sure to bring out the Democratic voters. I say it's likely to pass. Just saying. Then What?
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