States Assembly to Vote on Cannabis Reform in Jersey.

A proposition to decriminalise the possession and recreational use of cannabis in Jersey, lodged by Deputy Tom Coles.

Cannabis: Decriminalisation of personal possession and recreational use (P.31/2024)

Children's Rights Impact Assessment

"THE STATES are asked to decide whether they are of opinion −

1. that the personal possession and recreational use of cannabis should be decriminalised for persons aged 18 and over;
2. to request the Council of Ministers to bring forward the necessary legislation for consideration by the Assembly by November 2025, with the legislation to include (but not be limited to) –
   • total acceptable gram allowance;
   • restrictions on areas of consumption;
   • restrictions on driving under the influence of cannabis;
   • relevant roadside capacity tests; and
3. to request the Council of Ministers to ensure provision of funding for the necessary legislative framework is incorporated within the Government Plan 2025-2028."

An amendment to P.31/2024 to include the reclassification of cannabinol and cannabinol derivatives (otherwise known as "cannabis oil") as a Class B drug inline with cannabis and cannabis resin, lodged by Deputy Inna Gardiner.

Cannabis: Decriminalisation of personal possession and recreational use (P.31/2024): Amendment

Children's Rights Impact Assessment

1. PAGE 2, PARAGRAPH (b) –

   "After paragraph (b) insert the following new paragraph (c) and to redesignate the existing paragraphs accordingly –

   3. that the personal possession and recreational use of cannabinol and cannabinol derivatives (as defined in the Misuse of Drugs (Jersey) Law 1978) should be decriminalised, with this provision included in the legislation to be brought forward under Paragraph (b), and to request the Minister for Health and Social Services, following consultation with the Misuse of Drugs Advisory Council, to reclassify cannabinol and cannabinol derivatives, except where contained in cannabis or cannabis resin, from Class A controlled drugs to Class B controlled drugs, as defined within the same Law;"

A minor amendment to the first amendment to alter the wording around consulting the Misuse of Drugs Advisory Council, lodged by the Minister for Health & Social Services.

Cannabis: Decriminalisation of personal possession and recreational use (P.31/2024): Amendment(P.31/2024 Amendment) – Amendment

Children's Rights Impact Assessment

1. PAGE 2 –

   "Substitute the words “, following consultation with the Misuse of Drugs Advisory Council, to reclassify” with “to consult the Misuse of Drugs Advisory Council about reclassifying”."

An amendment to paragraph (b) of P.31/2024 calling for proposals to be brought forward for consideration by the Assembly rather than a legislative framework and to remove part (c), lodged by the Council of Ministers.

Cannabis: Decriminalisation of personal possession and recreational use (P.31/2024): Second Amendment

Children's Rights Impact Assessment

1. PAGE 2, PARAGRAPH (b) –

   "Substitute the words “the necessary legislation” with “proposals”;

   After the words “by November 2025,” delete the words “with the legislation”;

   Before the words “total acceptable gram allowance” add -

   • potential approaches to the decriminalisation, legalisation and regulation of cannabis;
   • use in the presence of minors;
   • personal cultivation and preparation;
   • social supply;
   • restrictions on the sale to minors;
   • approaches to minors or vulnerable people coerced into cannabis related activities;”.

   After the words “relevant roadside capacity tests” substitute the words “; and” with “.”."

2. PAGE 2, PARAGRAPH (b) –

   "Delete paragraph (c)."

An amendment to part (a) of P.31/2024 to remove the reference "for persons aged 18 and over", lodged by Deputy Tom Coles.

Cannabis: Decriminalisation of personal possession and recreational use (P.31/2024): Third Amendment

Children's Rights Impact Assessment

1. PAGE 2, PARAGRAPH (a) –

   "Delete the words “for persons aged 18 and over”."

An amendment to part (a) of P.31/2024 to include personal cultivation, lodged by Deputy Alex Curtis.

Cannabis: Decriminalisation of personal possession and recreational use (P.31/2024): Fourth Amendment

Children's Rights Impact Assessment

1. PAGE 2, PARAGRAPH (a) –

   "After the word “possession” insert the words “, personal cultivation,”."

2. PAGE 2, PARAGRAPH (b) –

   "After the words “relevant roadside capacity tests;” insert the following new bullet point –

   • “total acceptable cultivation allowance;”."

Should all amendments to P.31/2024 be adopted by the States Assembly, the amended proposition would read as follows:

"THE STATES are asked to decide whether they are of opinion −

1. that the personal possession, personal cultivation, and recreational use of cannabis should be decriminalised;
2. to request the Council of Ministers to bring forward proposals for consideration by the Assembly by November 2025, with the legislation to include (but not be limited to) –
   • potential approaches to the decriminalisation, legalisation and regulation of cannabis;
   • use in the presence of minors;
   • personal cultivation and preparation;
   • social supply;
   • restrictions on the sale to minors;
   • approaches to minors or vulnerable people coerced into cannabis related activities;
   • total acceptable gram allowance;
   • restrictions on areas of consumption;
   • restrictions on driving under the influence of cannabis;
   • relevant roadside capacity tests;
   • total acceptable cultivation allowance;
3. that the personal possession and recreational use of cannabinol and cannabinol derivatives (as defined in the Misuse of Drugs (Jersey) Law 1978) should be decriminalised, with this provision included in the legislation to be brought forward under Paragraph (b), and to request the Minister for Health and Social Services to consult the Misuse of Drugs Advisory Council about reclassifying cannabinol and cannabinol derivatives, except where contained in cannabis or cannabis resin, from Class A controlled drugs to Class B controlled drugs, as defined within the same Law."

• Legal status of cannabis in Jersey
• Misuse of Drugs (Jersey) Law 1978
• Magistrate's Court of Jersey Sentencing Guidelines - Drug Offences
• Attorney General's Supplemental Direction and Guidance - Personal Amounts of Certain Controlled Drugs
• Cannabis Industry in Jersey - Briefing Paper
• Cannevi.je

• Review of the interaction of health and justice system in relation to the possession of drugs for personal use - a report for the States of Guernsey
• Report on informing policy to minimise the harms associated with drug use in the Isle of Man and Department of Home Affairs response
• Cannabis – the current situation in Europe (European Drug Report 2024)
• Cannabis laws in Europe: questions and answers for policymaking
• Cannabis regulation and the UN drug treaties - strategies for reform
• How to Regulate Cannabis: A Practical Guide
• Glossary of cannabis terms

• Cannabis Offences
• Cannabis Seizures
• Cannabis Use in Jersey
• Medicinal Cannabis Dispensing Audit
• Medicinal Cannabis Imports

A Change of Direction: A Substance Use Strategy for Jersey 2023 to 2033

Aim 5: Continue progress towards a sustainable health and social based approach.

Relevant objectives:

• "Review how small quantities of controlled drugs are dealt with to ensure alignment with a health and social based approach. In addition, improve the Parish Hall Enquiry and Deferred Decision process to include elements of health and social based approaches. This includes a focus on identifying and responding to wider risk factors that influence substance use and offending behaviour."
• "Conduct a review of the Misuse of Drugs Law (Jersey) 1978 and Misuse of Drugs (General Provisions) (Jersey) Order 2009, to ensure they are fit for purpose. This will include ensuring the laws are workable within the current drug landscape, are based on sound scientific understanding, and are consistent with a health and social approach."
• "Continue progression away from criminalisation by reviewing and adopting specific policy options that fall under decriminalisation and legalisation aims. This will include ensuring alignment to existing government commitments on improving health and protecting children."

"Jersey’s current drug policy might be described as a kind of de facto decriminalisation. While the possession of drugs, paraphernalia, importation, cultivation, production and supply are offences under the Misuse of Drugs (Jersey) Law 1978, current practice allows for varying levels of diversion from the courts through the Parish Hall system. Centeniers can, under certain conditions, deal with possession of small quantities of controlled substances within the guidance issued by the Attorney General. This process does not lead to a criminal conviction."

"The decriminalisation of personal drug use and the need to explore alternatives to criminalisation is becoming more widely recommended. At a local level there has been increased public and political interest in moving towards models of decriminalisation and legalisation."

The decriminalisation of the possession of cannabis is fundamentally a question of the human right of bodily autonomy and the right to a private life.

Office of the High Commissioner for Human Rights

"A UN human rights report calls for a shift from punitive measures to address the global drugs problem to the use of policies grounded in human rights and public health, arguing that disproportionate use of criminal penalties is causing harm."

"The report urges States to develop effective drug policies, including by considering decriminalization of drug possession for personal use. “If effectively designed and implemented, decriminalization can be a powerful instrument to ensure that the rights of people who use drugs are protected,” it says.

“Laws, policies and practices deployed to address drug use must not end up exacerbating human suffering. The drugs problem remains very concerning, but treating people who use drugs as criminals is not the solution,” said the UN High Commissioner for Human Rights, Volker Türk.

“States should move away from the current dominant focus on prohibition, repression and punishment, and instead embrace laws, policies and practices anchored in human rights and aimed at harm reduction.”"

End overreliance on punitive measures to address drugs problem – UN report,
20^th September 2023.

United Nations Chief Executives Board

"The Chief Executives Board of the UN, representing 31 UN agencies, has adopted a common position on drug policy that endorses decriminalisation of possession and use."

"A new position statement on drug policy from the the United Nations Chief Executives Board (CEB), chaired by the UN Secretary General and representing 31 UN agencies, has expressed strong and unanimous support for the decriminalisation of possession and use of drugs. The statement calls on member states to “promote alternatives to conviction and punishment in appropriate cases, including the decriminalization of drug possession for personal use.”

While a number of UN agencies have made similar calls in the past, this CEB statement means it is now the common position for the entire UN family of agencies. Crucially, the UN Office on Drugs and Crime - the lead UN agency on drug policy - has also endorsed the position; finally clarifying their previously ambiguous position on decriminalisation.

The statement also positions drug policy clearly within public health, human rights, and sustainable development agendas. It represents a welcome and significant step towards ‘system wide coherence’ within the UN system on drug policy. This has been a key call of civil society groups long frustrated by the lack of coherence across the UN and the marginalisation of health, rights and development agendas by UN drug agencies whose historic orientation has been towards punishment, law enforcement and eradication. The statement is especially important as it comes in the run-up to a ministerial-level meeting of the UN Commission on Narcotic Drugs this week, which will review the 10-year UN global drug strategy and agree plans for the next one. The CEB’s call for decriminalization goes beyond the existing member state consensus positions, which call only for ‘alternatives to punishment and incarceration’."

Key UN board endorses reform,
11^th March 2019.

Royal College of Physicians

"The Royal College of Physicians of London has joined calls for an end to criminal sanctions against people who take drugs such as heroin, cocaine, and cannabis for non-medical reasons."

"The college now endorses the stance of the Faculty of Public Health and the Royal Society for Public Health (RSPH). In a 2016 report the RSPH concluded that the “war on drugs” fails to deter drug misuse but instead deters people with drug use disorders from seeking treatment and inhibits harm reduction efforts."

Illicit drug use should not be a crime, says Royal College of Physicians,
25^th April 2018.

🇨🇦 Canada

Legal for medicinal purposes since 2001 and for recreational purposes since 17^th October 2018.

🇩🇪 Germany

On 23^rd February 2024, the German Bundestag passed the Act on the Controlled Use of Cannabis, legalising possession of 25g outside the home, 50g at home, and private cultivation of three plants, for adults 18 and over, beginning on 1^st April 2024. Collective, non-commercial cultivation will be allowed in cultivation associations (i.e. cannabis social clubs) from 1^st July 2024.

🇱🇺 Luxembourg

Decriminalised in 2001. Home use and cultivation legal since 21^st July 2023.

🇲🇹 Malta

Legalised possession of up to 7g and the cultivation of up to 4 plants, and for people charged with possession in the past to have it expunged from their criminal records in December 2021.

🇳🇱 Netherlands

Personal possession decriminalised and sale allowed only in certain licensed coffeeshops in the continental Netherlands since 1976.

🇵🇹 Portugal

In 2001, Portugal became the first country in the world to decriminalise the use of all drugs.

🇿🇦 South Africa

Legal for possession, cultivation and use in private places but not for sale.

🇪🇸 Spain

All actions related to cannabis for own consumption aren't considered criminal offenses, but misdemeanors punishable by a fine. Cannabis trafficking, including sale, import, or cultivation for sale, is punishable by jail time. Legalised in Catalonia in 2017, but that law was challenged by the state and declared unconstitutional. Cultivation in private areas for own consumption is allowed if the plants cannot be seen from the street or other public spaces.

🇨🇭 Switzerland

Since 2017, consuming cannabis in Switzerland may result in a fine, but possession of up to 10g without evidence of consumption is not penalised. Pilot trials for recreational cannabis dispensing are currently underway.

🇺🇸 United States

Legalised in 24 states, 3 territories, and the District of Columbia – but illegal at federal level. Decriminalised in another 7 states.

🇺🇾 Uruguay

Legal since late 2013, but buying prohibited for non-residents. Cultivation allowed for up to six plants. Cannabis Social Clubs authorised up to 45 members.

Legality of cannabis.

• 'We should take the same approach to cannabis as we do with tobacco: legalise, regulate, tax and educate'
  Gavin St Pier, 20^th May 2024.
• A recreational cannabis pilot project for Jersey to consider
  Neel Sahai, 6^th April 2024.
• The time has come to discuss Jersey's approach to cannabis
  Simon Harrison, 9^th March 2024.
• Could the Crown Dependencies be the key to UK cannabis reform?
  Simon Harrison, 22^nd August 2022.
• The islands are on a journey with cannabis – the sooner we reach the destination, the better for all
  Gavin St Pier, 8^th October 2021.
• The Insider: "It's time to legalise cannabis... I feel better for saying it"
  Anonymous, 16^th April 2018.

• Do you think cannabis should be decriminalised?
  Jersey Evening Post, 27^th July 2023. Yes (75%): 75% No (25%): 25%
• Do you think cannabis should be legalised?
  Jersey Evening Post, 12^th February 2015. Yes (93%): 93% Yes, but only for medicinal purposes (4%): 4% No (3%): 3%

• Legalize, Decriminalize and regulate Cannabis for Islanders
  3,021 signatures, 17^th March 2020.
• The States should initiate an Island-wide debate on drugs, exploring all options
  203 signatures, 3^rd July 2019.
• Legalise cannabis, decriminalise it or make medicinal available
  307 signatures, 26^th June 2019.
• Legalize Marijuana and Hemp in the Channel Islands
  2,104 signatures, 19^th January 2015.
• Decriminalise the possession of small amounts of Cannabis for medicinal and recreational use
  848 signatures, 20^th February 2014.

The International Day against Drug Abuse and Illicit Trafficking or "World Drug Day" is marked every year on 26^th June. It is also the Global Day of Action of the Support. Don't Punish campaign, an initiative in support of harm reduction and drug policies that prioritise public health and human rights.