Caution Policy On Cannabis Issued To Police

February 23, 2017 | 23 Comments

Director of Public Prosecutions Larry Mussenden issued the guidance for formal cautions for simple possession of cannabis to the Commissioner of Police today [Feb 23], with the Act that governs the policy having been brought into force yesterday by the Attorney-General.

The weight of the cannabis must be under three grams and the person must not have other drugs on them are two aspects of the police caution policy.

Mr. Mussenden said, “I have today issued to the Commissioner of Police the guidance for formal cautions for simple possession of cannabis.

“As I stated recently, in 2016 Parliament passed the Police and Criminal Evidence Amendment Act 2016 which made provision for the Director of Public Prosecutions to give a guidance for a formal police caution for appropriate offences.

“Thereafter, I announced that I would consider a guidance for a police caution policy in respect of simple possession of cannabis. I stated that I would welcome input from the community. Also, at that time I reached out to various agencies for their views on a police caution policy for simple possession of cannabis.

“I am pleased formally to release the guidance for a caution policy today as the Police and Criminal Evidence Amendment Act 2016 was brought into operation yesterday by the Honourable Attorney-General by way of a notice in the Official Gazette.

“I am grateful to everyone who made a submission and I am grateful to the committee in the Department of Public Prosecutions who assisted with the guidance.

“The submissions ranged along the spectrum of how a police caution policy should be structured from a blanket caution for all cannabis to having a limited number of cautions, and to having some conditions in order to obtain a caution.

“Other aspects were urged such as reducing the number of people being convicted, preventing the harmful impact of drugs on society, preventing initiation and use of drugs in youth in order to protect the developing brain, protecting minors from drug use which leads to drug abuse as an adult, preventing unintentional accidents, preventing diversion of funds to drugs and to promoting health education generally.

“The key points of the guidance for the police caution policy for a person arrested for simple possession of cannabis involves a simple matrix system and are as follows:

  1. “The weight of the cannabis must be under three [3] grams;
  2. “An offender must admit to possession of the cannabis;
  3. “An offender must not have other drugs on them at the time of the seizure/search;
  4. “Offenders under 18 years of age will be referred to Child & Family services;
  5. “On a first and second arrest for possession of cannabis, a first caution and second caution respectively may be granted;
  6. “On a third arrest for possession, a caution may be granted on the following conditions:

“a. A person will be bailed from the police station to return to the police station 3 months later – such time to be used to complete some tasks;

“i. An assessment must be made by BARC;
“ii. An offender must undergo a minimum of 12 hours of drug counselling;
“iii. An offender should pass a drug test.

“b. If the conditions are met, then a third caution will be issued – otherwise the offender will be sent to court for prosecution.

  1. “On a fourth arrest within 2 years of a third caution, the offender will not be eligible for a fourth caution;
  2. “Upon two [2] years passing from the date of the third caution, an offender is re-eligible for a first caution.

“It is a pleasure to release formally this guidance for a caution policy for cannabis. It is designed to steer offenders away from the courts with all the consequences arising from convictions, builds in a 3 strikes policy, and involves counselling and drug testing.

“The policy is designed to allow our people to pursue their life and career objectives and to be productive, healthy and successful members of the community.”

The full Guidance of the Cannabis Caution Policy follows below [PDF here]:

click here Bermuda cannabis decriminalization

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Comments (23)

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  1. TB40 says:

    REALLY BERMUDA ?
    When Cannabis is 100% legal in Canada and more and more US States are legalizing Recreational and Medicinal Marijuana WHY are we not following suit?

    BERMUDA GREEN .... could be a great boutique export product !
    Tax dollars for Government

    Like(21)
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    • sage says:

      No to tax for government.

      Like(4)
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    • Clint Eastwood says:

      'Cannabis is 100% legal in Canada'??

      Not exactly LOL

      Like(2)
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      • The Original Truth™ says:

        But it will be soon enough. This was one of Trudeau's election promises. The Canadian government is already looking into how it will be sold and who will sell it. They expect to make BILLIONS off the sales annually.

        https://www.canada.ca/en/services/policing/justice/legalization-regulation-marijuana.html

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        • bdaboy says:

          There are as many stores selling weed in Toronto as there are Starbucks.

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  2. TB40 says:

    Tag Line:
    "One way to get lost in the BERMUDA TRIANGLE is to enjoy a toke of "Bermuda Green" !

    Like(14)
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  3. 297Warriors says:

    Questions....

    Sooo does this mean the Police would be carrying scales to heigh the weed when they search?

    How are they gonna determine if it is 3 grams or not?

    If I get searched and don't admit to having weed on me but it is under 3 grams do I get taken?

    Need more clarity on this...

    Like(4)
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    • sage says:

      The cops will still inform the US who was arrested, and that is enough for your entry on to the stop list.

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      • Clint Eastwood says:

        I think you need a conviction..

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        • The Original Truth™ says:

          You do need a conviction and to add to that the cops don't inform the US the consulate has someone who gets the information from the courts.

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        • sage says:

          You know what thought did.

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    • Clint Eastwood says:

      You will get more clarity by not smoking so much weed AHAHAHAHAH

      If you read the entire article (not while you're stoned), it explains all the conditions that must be met for you to be given a caution, i.e. 2. “An offender must admit to possession of the cannabis.

      You will still be arrested, because it is still illegal. The point is you could possibly avoid a conviction.

      *exhale*

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      • The Original Truth™ says:

        I'm quite sure it wouldn't matter if they were stoned or not.

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  4. Pondering says:

    So, just to clarify, where will the cannabis be for sale??

    Like(10)
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    • Clint Eastwood says:

      At the dealer's house, duh..lol

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      • The Original Truth™ says:

        Dealers must love this now that buyers will have to come back more often and pay more for a piecemeal to stay in the clear.

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  5. SpinCycle says:

    Despite all the haters and malcontents... its a start! Glad to see we are moving in the right direction. "A journey of a thousand miles begins with a single step." -Lau

    Like(8)
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    • sage says:

      Now they make this ridiculously underwhelming change, shut up and wait another 50 years for any further improvements. It is a prohibitionist stalling tactic which impresses only the uninitiated.

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      • Zevon says:

        Yeah, let's just leave it as it is. At least we won't have your constant whining.

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        • The Original Truth™ says:

          So what you're saying is that everyone should be happy that this racially motivated law now gives three chances to blacks instead of one and anyone who wants to totally abolish the racist law is a whiner?

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    • Clint Eastwood says:

      I think we actually just went backwards..cautions after cautions after cautions...what kind of a message does that send??

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  6. Muhammad Goldberg says:

    This is a good stop gap measure while more comprehensive decriminalisation can be implemented. The criminal element needs to be taken out of cannabis completely and the cost of weed needs to be severely reduced.
    Many hard working Bermudian men spend considerable portions of their weekly pay to support their habit. Typical weekly wages are $1,000 - $1,300 for men in general labour type positions, and their weed bill will often be $300 per week. This additional 20% - 30% of their income could be going to benefit their families instead of lining the pockets of drug dealers and gangs.

    Like(2)
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    • Um but? says:

      $300 a week? That just sounds like poor rationing to me. It's possible but most people don't go week in week out spending up to $300, where did you get your numbers?

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