CANU powers increased
by Michelle Elphage
Guyana Chronicle
March 21, 1999
THE Customs Anti-Narcotics Unit (CANU) has been given equal powers to the
Police Force regarding drug arrests, under a law change that also softens
previous stiff penalties imposed on persons caught with small amounts of
marijuana (ganja).
Additional powers have also been vested in the Comptroller of Customs and
any other person authorised by him.
However, though supporting the legislation piloted through its second and
third readings Thursday by Attorney General, Mr. Charles Ramson, People's
National Congress (PNC) member, Mr. Raphael Trotman questioned the
legitimacy in which CANU was operating.
He said while he supports the work of the body, the PNC would prefer
legislation taken to Parliament to establish this organisation.
CANU has been instrumental in carrying out several drug arrests, since
its establishment, including the historic bust last year on the `cocaine'
ship, the `Danielsen', the biggest cocaine seizure here.
In just under an hour of debate, Government and opposition members agreed
the `ganja' law amendment was necessary if young people especially were
to be given a "chance."
"The courts are now allowed to consider a much smaller penalty," Ramson
said of the Narcotic Drugs Psychotropic Substances (Control) and
(Amendment) Bill, 1999.
"The hands of the court were virtually tied under the principal act, even
if the person was found with a small amount", he said.
He explained that the change to Section 73 of the Act was critical to the
legislation, since it sought to "ameliorate the draconian aspect of the
penalty provision in the Principal Act."
Under the 1988 legislation, offenders caught with any amount of
marijuana, even small amounts, were subjected to the same heavy penalties
imposed on those caught with far larger amounts.
Ramson also referred to the intense public debate the issue has
generated, recalling a group of Rastafarians approached the Constitution
Reform Select Committee during public hearings in the last Parliament.
Under the amended legislation:
* the fact that a person convicted of any offence under this Act was a
child or young person on the date of the commission of that offence, may
be deemed as a special reason; and
* where a person is convicted of an offence...for being in possession of
cannabis (marijuana) was on the date of commission of the offence in the
possession of an amount of cannabis not exceeding five grams, and the
court is satisfied that such cannabis was in his possession only for his
personal consumption, the court may deem such circumstances to be a
special reason.
A person convicted summarily under the "special reason" offence will be
fined not less than $3,000 and be subjected to six months community
service, while an indictable offence carries a fine not less than $6,000
and community service for nine months.
Other amendments include a stiffening of the fines related to arrests for
drug offences on the "high seas."
A summary conviction of this offence carries a $50,000 fine or three
times the street value of the drug, whichever is more, with between five
to ten years in prison.
An indictable offence, however, carries with it life imprisonment.
"There is nothing as unfortunate to see a family destroyed because one
member is found with what is commonly referred to as a `joint' or a
`spliff' and has had to spend three years in prison," Trotman told the
House.
"We are also pleased that young persons will be given a chance and an
opportunity to redeem themselves to seek rehabilitation if possible and
that their lives will not be ruined, and that the courts may impose
lesser fines and penalties and treat as special circumstances the age of
the offender", he said.
Leader of The United Force (TUF), Mr. Manzoor Nadir, supported the Bill
but proposed deleting the part allowing the court to deem as a "special
reason, the circumstances where a person is convicted of being in
possession of not exceeding five grammes of cannabis, which the court is
satisfied was in the defendant's possession only for his personal
consumption."
"I do not support the use of marijuana," he declared, but welcomed the
intent of the legislation to decriminalise possession of small amounts of
the prohibited drug.
His proposal was not accepted.
Nadir backed a call by leader of the Alliance For Guyana (AFG), Dr.
Rupert Roopnaraine, to pardon those sentenced to prison within the last
three years for possessing small quantities of `ganja.' (MICHELLE
ELPHAGE)
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