Cayman Islands Voters Approve Marijuana Decriminalization Referendum

Voters in the Cayman Islands on Wednesday passed a referendum expressing support for the self-governing British territory’s proposed removal of criminal penalties for simple marijuana possession and use.

The non-binding referendum is intended to inform the discussions within the Cayman Islands government on whether to decriminalize personal possession and use. Cannabis would still technically remain illegal under such a policy, and penalties would remain in place for selling and distributing the substance.

Voters at were asked on the ballot whether they “support the decriminalisation of the consumption and possession of small amounts of cannabis.” To succeed, the referendum needed a simple majority vote.

According to interimresults posted on Wednesday evening, the measure was approved by a 60 percent to 40 percent margin, excluding ballots rejected as “spoilt.”

Details of any eventual policy reform remain sparse. For example, there’s no explicit indication how much marijuana would constitute the “small amount” that would be decriminalized. A government website about the proposal defines “small amount” as “a set limit (e.g., under 10 grams), which would be defined by the law.”

Further, although the change would remove criminal penalties for cannabis, it’s expected that those caught with illegal marijuana would still face some sort of sanction—which is still unspecified.

The government site about the proposal distinguishes between decriminalization—”removing criminal penalties for possession of small amounts, but cannabis remains illegal”—and legalization, which it defines as “making cannabis fully legal and setting up a regulated market.”

In other words, marijuana could still not be legally grown or sold.

Supporters of the referendum have said the current policy fails to effectively curtail marijuana use while also saddling people with criminal record over a relatively minor offense, the local outlet Cayman Compass reports. Those records can be obstacles to employment, travel, education and other opportunities.

Critics, meanwhile, have said they’re concerned the reform could increase youth cannabis use and lead to the use of more dangerous drugs.

Psychiatrist Marc Lockhart, a former chair of the Cayman Islands Mental Health Commission, told Cayman Compass that while he learned in medical school that marijuana was a hazardous substance with no therapeutic use, he’s now a strong advocate for decriminalization.

“I’ve seen that some people who were using it illicitly were benefiting from its use…such as people with chronic pain issues, especially nerve pain, people with MS [multiple sclerosis], people with seizures and so on,” he said. “This doesn’t mean that we’re going to be handing it out at schools or that we’re endorsing that children should have it. But formally putting in guard rails and methods for monitoring the use and the availability of cannabis would be more protective for our environment and young people.”

Lockhart also argued that loosening restrictions on marijuana possession could in fact lessen stigma and encourage more people to enroll in treatment.

“Right now, young people and adults who have an issue with cannabis use are afraid to seek treatment,” the psychiatrist said. “They are afraid that it will be documented, that it will affect their insurance coverage, that it could affect their employment and their immigration status. So it pushes those away from treatment.”

Medical marijuana was legalized in the Cayman Islands in 2017.

In light of evolving drug laws in the U.S. and abroad, recently updated guidance for international travelers from the U.S. Centers for Disease Control and Prevention (CDC) offers advice around traveling with controlled substances such as marijuana and cannabinoids.

It warns, for example, that while cannabis-based medications are legal in a growing number of jurisdictions, mere possession of those substances in other areas can lead to travel delays, denial of entry and even arrest and prosecution. It also cautions that CBD, which is no longer a scheduled substance under the federal Controlled Substances Act (CSA), is still regulated in some jurisdictions.

Last year, for example, actress Rachel Sennott spoke about how she had been arrested in the Cayman Islands for possessing CBD.

In 2018, the heads of 19 Caribbean nations agreed to “review marijuana’s current status with a view to reclassification,” noting “human and religious rights” issues stemming from criminalization as well as “the economic benefits to be derived” from legalization.

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