Know the law: You can be jailed for life for growing ‘weed’

This week in Know the Law, we tackle the hot topic of marijuana — also known as weed, cannabis, ganja and so forth. 

Do you know how much cannabis might lead to a caution rather than prosecution? And what if a relative from California wanted to bring in marijuana for medicinal purposes? Would she be arrested?

Lawyer Saul Dismont, of Christopher’s Barristers and Attorneys, helps us explain the law while I offer some commentary based on my years of experience covering the courts. 

In court, does it make a difference whether it’s marijuana leaf or cannabis resin, even if the weight’s the same?

Saul Dismont: Generally there is no difference in sentence, however in England recent studies have found that cannabis resin is less potent than herbal cannabis. This could potentially provide the defence with an argument of a lesser sentence for resin.

Mikaela Ian Pearman: I’ve never seen someone given a different penalty to possession of cannabis or cannabis resin. The fines usually start at $800 and go up from there. 

What’s the threshold for prosecution? ie if I am stopped by police with a very small volume of marijuana, might I get away with a caution?

SD: There is a caution policy that permits possession of a small amount of cannabis to be dealt with by way of a caution. 

This means the person is not charged and the matter will not go any further. 

Past practice would suggest anything less than 4.5 grams is open to a caution but a variety of other factors will be considered, including an early admission of guilt and the person not having any previous convictions or cautions. 

However, nobody should read this and think “Oh its okay I only have a small amount”. Cannabis is illegal no matter how small a quantity and even if a person thinks they qualify for a caution it is not a guarantee that they will receive one. 

A caution is entirely discretionary.

MIP: This practice seems to be tricky because it’s usually at the discretion of the police officer and of course if someone already has a previous conviction for cannabis possession, they aren’t given a caution. 

But are those people who were charged and fined for marijuana possession before the cautions were put in place now given cautions? Doesn’t really seem fair. 

What are the typical penalties for growing marijuana?

SD: It obviously depends on the amount. 

It may be a surprise to the public to know that if the matter is sent to the Supreme Court the maximum sentence can be life imprisonment and a fine of one million dollars. 

Punishment on summary conviction, that is at the Magistrates’ Court, the maximum sentence can be ten years and a fine of five hundred thousand dollars. 

Maximum sentences are very rarely given. 

The sentences are very varied, as are the amounts of cannabis grown and often there is the added charge of possession with intent to supply. Last year a man pleaded guilty to growing five cannabis seedlings and he received nine months’ imprisonment, suspended for 18 months with 18 months probation.

 Another man was sentenced for 18 months for cultivating five pots of cannabis and a total amount of 87.9 grams, with intent to supply. 

Again, these sentences reflect the specific factors of that particular case.

MIP: My experience in the courts leads me to suggest that more leniency is shown towards growing marijuana than possession with intent to supply, or importation. Usually the defendant isn’t charged with possession with intent, so the penalties are lower. 

What do I need to know about driving and using marijuana, in the context of the law?

SD: In short, don’t do it. Despite recent studies in England showing that marijuana has a measurable yet relatively mild effect on psychomotor, that is less significant than alcohol, it is still dangerous. 

The law has the same view and you can be prosecuted for impaired driving. 

Doing so, whether by alcohol or drugs opens you up to a charge of impaired driving, 12 months disqualification and $1,500.00 fine.

MIP: The charge that is read out in court in relation to impaired driving says: “while impaired by drug or alcohol” so it is an established offence. 

However, in my eight years of covering the courts, I have never seen a person prosecuted for driving while impaired as a result of marijuana. 

What’s Bermuda’s position on medical marijuana?

SD: There have been many changes around the world regarding medical use of marijuana. However, currently it is not permitted in Bermuda and whatever the medical reason a person may have for using the drug it is still illegal and you will be prosecuted.

MIP: These cases crop up from time and time, and usually it’s a tourist involved. They are convicted and fined in most instances. 

If my aunt in the US uses medical marijuana and plans a visit to Bermuda, can she bring it with her?

SD: No, under current law Bermuda does not recognise any medical prescription or letter authorising a person’s use of medical marijuana. 

Even if it is legal in another country, Bermuda does not operate under that country’s laws we have our own laws that every one must follow, even visitors. So your aunt cannot bring it with her and if she does she will be prosecuted and she may end up staying in prison for her trip.

MIP: Two years ago, a woman from California flew to Bermuda to visit a friend. 

Customs officers found 14 handmade marijuana cigarettes in her luggage. She had a prescription for marijuana for her Ménière’s disease. 

The woman even had the medical certificate with her. She admitted importing 35 grams of cannabis and was jailed for 30 days. 

That sentence was appealed in the Supreme Court and she was released. I will always remember this court case because I felt the sentence was far too harsh. 

Saul Dismont is a lawyer at Christopher’s Barristers and Attorneys. Tel. 405-1000.