Ease on weed

Some ganja farmers are advocating for the removal of the cannabis industry from the Dangerous Drugs Act (DDA) and the creation of a dedicated cannabis law to spur sector growth and shift negative perceptions.

This push follows the decriminalisation of ganja in 2015 and the establishment of the Cannabis Licensing Authority (CLA), which oversees licences for medicinal, therapeutic, and scientific purposes.

The Sunday Gleaner recently highlighted frustrations from industry stakeholders about the Government’s slow progress in incorporating more than 3,000 traditional farmers into the regulated sector. Stakeholders argue that this inclusion would foster enhanced research and development efforts and spread the economic benefits.

Additional concerns include simplifying the application process, reducing transport and security costs, and digitising documentation to speed up the sale of cannabis products. Advocates are now calling for substantial reforms, suggesting a dedicated cannabis law rather than merely amending interim regulations. They believe this new legislation would help address the sector’s illicit behaviour perception and promote a more business-friendly approach.

“The concern is really to remove cannabis from the Dangerous Drugs Act so that we can be facilitated easier. For example, we can have access to government amenities [from the] Ministry of Agriculture, Rural Agricultural Development Authority, Jamaica Agricultural Society … we could be provided seeds, and the farmers under those associations can participate in cultivation activities,” said researcher Maurice Ellis, vice-president of the Ganja Growers and Producers Association.

On the track-and-trace system, a group has proposed the replacement of physical plant tags with batch tagging, which lobbyists argue would provide businesses with greater flexibility. However, a CLA official cautioned that this could violate international obligations.

The 1962 United Nations Single Convention on Narcotics, to which Jamaica is a signatory, classifies ganja as a controlled substance and imposes significant trade restrictions. The US, Jamaica’s main trading partner, also has similar restrictions, limiting banking options and keeping the sector predominantly cash-based.

The CLA is required to submit monthly reports to the International Narcotics Control Board, detailing its tracking of legally grown ganja to prevent comingling of the illegal or legal cannabis, what is known as diversion and inversion. The CLA official noted that “if batch tagging is done, we would not be able to trace any plant thoroughly, and that would jeopardise Jamaica’s compliance with an international treaty”.

Problems with adherence to tagging requirements have been reported, particularly with a well-known cultivator and retailer in St Elizabeth and St Mary.

A major reform proposal seeks to update online sales procedures to facilitate deliveries and establish a geographical indicator for Jamaican ganja. This marker would certify that cannabis products meet specific quality standards and uphold the reputation associated with Jamaican ganja.

The cannabis lobby is also pushing for amendments to the Food and Drugs Act to allow the sale of cannabis-infused products like teas and edibles in dispensaries and pharmacies. This change could open new revenue streams and attract a broader consumer base. Additionally, advocates are calling for more flexible employment policies, suggesting that police records be required only for key personnel during licence renewals and standardising licensing types to three years.

The CLA official mentioned that some proposals, such as improving the sales process and aligning licence tenures, have been favourably considered.

Trying to improve

The Ministry of Industry, Investment, and Commerce, which oversees the CLA, has acknowledged that the medical cannabis industry “faces significant challenges which inhibit its full growth and expansion potential”. However, it said the CLA has been trying to improve operations.

It said the CLA has implemented a system for conditional licence approvals in less than 90 days, down from two years, and introduced a deferment policy allowing fee payments over 11 months.

The ministry is also considering legislative and regulatory changes to make the industry more attractive to investors and small farmers. Among these changes is a transitional special permit to ease requirements for small-scale cultivators, allowing them to transition to existing licences over time.

A ‘special community permit’ for collective medical cannabis cultivation is also under consideration.

However, the ministry did not provide a timeframe for these changes, stating that it “has no control of the legislative timeline”.

jovan.johnson@gleanerjm.com