5 Considerations for Regulating Marijuana in the Caribbean

by | May 5, 2016

Introduction

This post does not intend to assess the moral implications of smoking marijuana. It is focused on the potential regulatory implications for Caribbean governments that aim to legalize marijuana. Insights were gleaned from the recent report on “Regulating Marijuana in California” by the Public Policy Institute of California (PPI) and Carnevale Associates to craft this paper.

Although California has different demographic, cultural, and legal infrastructures compared to countries in the Caribbean, the authors have presented a valuable framework for any Caribbean government to consider.

Considerations

The Carnevale report assesses the approaches and lessons learned from the implementation of recreational use laws in Washington State and Colorado and provides regulatory guidance to California across five key areas. This post attempts to provide regional context in each of the five areas to foster public discourse on the topic. I’ve also included two additional themes for consideration.

1: Cultivation, Production, and Processing

As in California, there is an interest in the region for avoiding the diversion of legally cultivated marijuana into illegal markets within a country. There is also the concern of diversion to illegal markets across geopolitical borders. Last, there is considerable concern regarding preventing access to minors. Research has been clear on the effects of marijuana on brain development and learning in children. The report recommends an incentive-based regulatory framework that shifts use to the legal market, and a “seed to sale” tracking system to manage the flow of legally cultivated product.

2: Sale, Consumption, and Possession

Proponents of legalization have long advocated for lessening the criminal justice burden on economically underprivileged communities and touted the potential cost savings to the system as a result of reducing the court and policing costs. However, the cost savings have to be balanced against the expense of the infrastructure necessary to regulate the sale, consumption, and possessions of marijuana. As mentioned above in point number 1, if the goal is also to limit access to minors, countries must fund effective enforcement systems.

The Carnevale report has summarized regulations across States that have passed legalization legislation in TABLE 2 below. One element of particular relevance to the region is the interest in drug tourist distinction legislation. Countries must decide what portion of the legal marijuana produced would be allotted for non-resident use, and at what rate it would be taxed.

3: Taxes and Finance

Marijuana taxes can be a revenue generator and a public health tool to reduce harmful use across the population. Much as with the cigarette tax approach, countries will have to try to balance the interest of increasing tax revenues and reducing public use, with the potential of setting such a prohibitive cost that the public is disincentivized from accessing the legal market and is pushed right back into the illegal market. The report also discusses the considerations of where to apply the taxes, either at the final sale or various points along the production cycle. The challenge facing leaders in the region is how to keep it simple while embarking on data-driven decision-making processes.

In all instances, each State has earmarked the taxed revenue for various public needs and ongoing enforcement of the marijuana regulatory infrastructure. Current US federal banking regulations provide an additional challenge since federally insured banks are prohibited from servicing this illegal industry.

4: Public Safety and Public Health

As mentioned before, there are several public health and safety concerns to be considered, including the minimization of under-aged use of marijuana. In addition, governments should understand the existing impaired driving data, and be cognizant of the potential impact of legalization on the population and regulatory system. Are the current impaired driving laws adequate? Does the country have the tools and resources to identify impaired driving? Are policies in place to support a collaborative legal and treatment system such that users are not criminalized and stigmatized more than they already are? Do countries have robust treatment and recovery infrastructures capable of providing necessary services to the population?

5: Governance

A government’s ability to implement, monitor, and ensure quality in such a system relies on its success collecting data and tracking process and program outcomes.  Governments should assess current data collection and analysis capabilities and map the technology needs against the planned legalization implementation plan. They should also build regular performance evaluations into the process to ensure iterative improvements in the system.

 

Additional Considerations

Regional Diversion

  • Consider the case for a collaborative and regional public health policy/regulatory strategy
  • Be mindful of creating unintended gray and black markets across the region which could perpetuate drug-related violence and illegal trafficking
  • Identify opportunities for cross-island resource sharing: Intelligence, technology, manpower, data, research, outcomes, public health campaigns

Anti-Discrimination & User Protection

  • Be mindful that moral and social norms do not unintentionally foster discriminatory practices
  • Ensure broad stakeholder education and engagement early in the process: Religious groups, unions, etc.
  • Directly engage public and private sector employers and law enforcement
  • Assess new policies and regulations to ensure equity, and that unintentional biases and discrimination are not built into the new system

 

Discussion

What are your thoughts on these areas of consideration, and how would they impact legalization in your home country?

 

 

 

Source Article: http://www.carnevaleassociates.com/camarijuanaregulation