The National Council for Substance Abuse (NCSA) is concerned about what it describes as a dangerous and widespread misunderstanding among Barbadians that recreational cannabis use is now legal, warning that possession and use of the drug remain offences under the law despite recent amendments.
The NCSA’ acting deputy manager Makeada Bourne, in an interview with the Weekend Nation yesterday, said the misinterpretation of changes to the Drug Abuse (Prevention and Control) Act has contributed to increasingly open use of marijuana in public spaces, a trend she warned could have serious legal and public health consequences.
“It is clear that the public does not understand that, one, marijuana is still illegal in Barbados and two, according to the health service regulations, smoking in public places is also banned,” Bourne stressed.
She explained that while amendments to the Act introduced a measure of decriminalisation, they did not legalise cannabis. Recreational use, she stressed, remains prohibited, including smoking in public, cultivating plants at home, or engaging in the importation or exportation of the substance.
‘Still illegal’
“Recreational marijuana, which people think they can just be anywhere smoking, that is still illegal. Recreational meaning you cannot import or export marijuana and you cannot be just smoking it or growing it in your backyard,” she said.
Her comments come amid growing concern from authorities about the visibility of cannabis use across the island, particularly in public areas where smoking is expressly banned under health regulations.
A clarification from the Barbados Police Service yesterday also reinforced the NCSA’s position that cannabis possession, even in small quantities, continues to constitute an offence, albeit one that might not lead to a criminal record if handled under the fixed penalty system.
Police Public Affairs and Communications Officer Inspector Ryan Brathwaite explained that individuals found with less than 15 grammes of cannabis are still deemed to have committed an offence. However, instead of facing prosecution in the courts, they might be issued a fixed penalty notice, he further explained.
“It still remains an offence, it’s just that it’s been decriminalised,” Brathwaite said. “If you’re held with marijuana, with an amount under 15 grammes and you accept that it’s yours, then you’re issued with a penalty ticket, which carries a fine of $200.”
He said offenders were given 30 days to pay the fine, effectively discharging any liability that would arise from a conviction for that offence once
the penalty is settled.
The legal framework is outlined in Section 6A of the Act, which provides police officers with the authority to issue fixed penalty notices to individuals found in possession of small amounts of cannabis, defined as 14 grammes or less.
However, the NCSA believes that this system should not be interpreted as a green light for casual or public use. Instead, it is intended to reduce the burden on the judicial system while maintaining cannabis as a controlled substance.
The legislation also places particular focus on rehabilitation, especially for younger offenders. Individuals under the age of 18 who are found in possession of cannabis are required to undergo counselling through the NCSA for a period determined by the council. Adults may also be referred for assessment and counselling at the discretion of the issuing officer.
Bourne noted that while there is no consolidated data readily available on the number of individuals referred to the NCSA under this regime, the organisation is increasingly encountering cases linked to cannabis use, signalling what she described as a growing challenge.
The issue extends beyond marijuana, she added, pointing to continued breaches of regulations governing tobacco-smoking and vaping in public spaces.
“The health service regulations that define what is a public place include properties that belong to the Government,” Bourne explained. “So NCC beaches, parks and other Government-owned spaces fall under these rules. You’re not supposed to smoke on those premises, or in any enclosed or semienclosed space where the public gathers.”
The NCSA is now urging Barbadians to familiarise themselves with the law and to avoid conflating decriminalisation with legalisation, warning that failure to do so could result in fines, mandatory counselling, and continued strain on public health resources. (JRN)
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