No. of 2023 Drugs (Prevention & Abatement of the Misuse Saint Christopher and Abuse of Drugs) (Amendment) Bill, 2023 and Nevis
SAINT CHRISTOPHER AND NEVIS
No. of 2023
A BILL to amend the Drugs (Prevention & Abatement of the Misuse and Abuse of Drugs) Act, Cap. 9.08.
BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the National Assembly of Saint Christopher and Nevis, and by the authority of the same as follows:
1. Short title.
This Act may be cited as the Drugs (Prevention & Abatement of the Misuse and Abuse of Drugs) (Amendment) Act, 2023.
2. Interpretation.
In this Act, “Act” means the Drugs (Prevention & Abatement of the Misuse and Abuse of Drugs) Act, Cap. 9.08.
3. Amendment of section 2.
The Act is amended in section 2 by replacing the definition of “smoke” with the following—
“smoking” means to inhale, exhale, burn, combust or vaporise any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis resin intended for inhalation, whether natural or synthetic, in any manner or in any form and includes the use of an electronic smoking device that creates an aerosol or vapour, in any manner or in any form, or the use of any orally used device
for the purpose of circumventing the prohibition of smoking.
4. Amendment of section 6A.
The Act is amended in section 6A—
(a) by replacing the expression “Cannabis possession in a public place” in the heading of section 6A with the expression “Restriction on possession of cannabis”.
(b) by replacing subsection 6A with—
“Section 6, subsections (1) and (2) do not apply to—
(a) a person issued with a licence by the Medicinal Cannabis Authority pursuant to the provisions of the Cannabis Act, 2020;
(b) a person issued with a cannabis use and cultivation licence by the Ministry responsible for faith-based affairs pursuant to the provisions of any law;
(c) a person issued with a licence by the Chief Medical Officer pursuant to the provision
(d) a person who has in his or her possession fifty-six grammes or less of cannabis or fifteen grammes or less of cannabis resin, in a public place or on a private premises, and such cannabis or cannabis resin is stored, handled or otherwise kept in such a manner so as to prevent minors or persons vulnerable to substance abuse from accessing such cannabis or cannabis resin, or any other unauthorized access to such cannabis; and that person shall—
(i) be allowed to retain possession of such cannabis or cannabis resin; and (ii) be issued with—
A. a fixed penalty notice for fifty dollars; or
B. in default of payment, shall be liable to perform up to ten hours of community service; or
C. in default of performing ten hours of community service, to imprisonment for three days.
(e) a person found smoking cannabis or cannabis resin in a public place which is not— (i) designated for smoking pursuant to any law;
(ii) a registered place of assembly pursuant to the Rastafari Rights Recognition Act, 2023; or
(iii) a place authorised by this Act or any Regulations made pursuant to this Act,
shall be allowed to retain possession of such cannabis or cannabis resin and be issued with—
A. a fixed penalty notice for five hundred dollars; or
B. in default of payment, shall be liable to perform up to twenty hours of community service; or
C. in default of performing twenty hours of community service, to imprisonment for five days.
5. Amendment of section 7.
The Act is amended in section 7—
(a) by replacing the expression “Subject to any regulations under section 8 for the time being in force” in subsection 7(1) with the expression “Subject to any regulations under section 8 for the time being in force and subsection (3)”
(b) by inserting a new subsection (3)—
“(3) Section 7, subsections (1) and (2) do not apply to—
(a) a person issued with a cultivation licence by the Medicinal Cannabis Authority pursuant to the provisions of the Cannabis Act, 2020;
(b) a person cultivating cannabis plants within a Rastafari place of assembly registered with the Ministry responsible for faith-based affairs pursuant to the provisions of the Rastafari Rights Recognition Act, 2023; or
(c) a person issued with a licence by the Ministry responsible for faith-based affairs pursuant to the provisions of any law, cultivating five cannabis plants or less in a secured area within that person’s private residence so as to prevent minors or persons vulnerable to substance abuse from accessing such plants or any other unauthorized access to such plants;
(d) a person cultivating five cannabis plants or less in a secured area within that person’s private residence so as to prevent minors or persons vulnerable to substance abuse from accessing such plants or any other unauthorized access to such plants, and that person shall—
(i) be allowed to retain the cultivated plants; and
(ii) be issued with—
A. a fixed penalty notice for fifty dollars; or
B. in default of payment, shall be liable to perform up to ten hours of community service; or
C. in default of performing ten hours of community service, to imprisonment for three days.
(c) by inserting a new subsection (4)—
“(4) With respect to subsection 3, if there is more than one apartment or other household within a private premises, the number of cannabis plants shall be counted for each such apartment or other household, not collectively.”
…………………………….. Lanein K. Blanchette
Speaker
No. of 2023 Drugs (Prevention & Abatement of the Misuse Saint Christopher and Abuse of Drugs) (Amendment) Bill, 2023 and Nevis
Passed by the National Assembly this day of , 2023.
……..…………………………………. Trevlyn Stapleton
Clerk of the National Assembly
