On May 12, BER GVT issued statement from governor on cited bill.
BRE GVT Governor issued statement from on the Cannabis Licensing Bill 2022.
Follows BER PRL Feb. 2021 issued new law on Cannabis Licensing Act, see #100350.
Overview
Bermuda Cannabis Licensing Bill 2022 was re-introduced to House of Assembly on Mar. 25, 2022 where it passed and went for Second Reading in Senate on Mar. 30, 2022.
Latter with votes tied and as such it was rejected by the Senate for a second time.
However, in line with process set out in Bermuda Constitution Order 1968, the Bill has now been presented to Governor for Royal Assent.
Any Governor receiving a bill for assent must follow process set out in Constitution.
This requires the Governor to consider whether the bill, as written, is consistent with or would breach any international obligation should it be made into law, etc.
Key Aspects
Re cannabis reform, key international obligations are set out in UN Conventions (1961 Single Convention on Narcotic Drugs, 1971 Convention on Psychotropic Substances).
They permit legalization of cannabis, cannabis products for medicinal and scientific purposes, for certain industrial purposes, if appropriate regulatory oversight in place.
Legalization of cannabis for other purposes is not permitted under the Conventions.
It is possible to decriminalize possession of limited amounts of cannabis for personal use, but not same as making cannabis legal, for example, for sale in shops and cafes.
The bill presented legalizes cannabis for other purposes so it appears to be inconsistent with obligations UK and Bermuda have under the mentioned Conventions.
Thus, assenting to the bill would lead to a breach of those obligations so Governor has no choice but to reserve Assent of Bill under Section 35(2) of Constitution.
Notify the Secretary of State for Foreign, Commonwealth and Development Affairs.
The UK has supported, is currently assisting some of Crown Dependencies, Overseas Territories to develop policy, legislation in way compliant with relevant Conventions.
Expects Bermudian officials to work together with UK officials to find way forward that does not result in life changing criminal records for user of small amounts of cannabis.
Unlocks commercial opportunities, keeps BER reputation for upholding the rule of law.
May 13, 2022 BER GVT Reserve Assent
On May 13, 2022, BER GVT issued decision to reserve assent of cannabis licensing bill.
Awaits position of secretary of State foreign, commonwealth and development affairs.
