The United Kingdom refuses to legalize cannabis in Bermuda

One of the first steps taken by the new British Prime Minister, Liz Truss, was therefore to refuse to enact cannabis legalization in Bermuda, despite her past support for cannabis legalization.

This development was not taken lightly by Bermuda's senior officials, who saw it as the United Kingdom's sustenance of the colonial era.

Legislators in Bermuda, a British territory since the 17th century, approved the «flagship» proposal of legalization of the administration's cannabis at the beginning of the year. The Bermuda government was waiting to receive 'royal assent», an official, monarchical signature, from the territory's UK-appointed governor.

On the day Ms Truss became Prime Minister of the UK, the government informed Bermuda that it had decided «not to give assent to the Bill as drafted», announced Rena Lalgie, Governor of Bermuda. The UK said it could not give its consent because of its interpretation of international treaties which prohibit member states from legalizing cannabis for reasons other than medical or scientific use, just as he did for Canada.

Nevertheless, the Attorney General of Bermuda stated on Tuesday in a press release that the government would continue to implement the reform despite the refusal of assent.

«Disappointing but not surprising, given the limitations of our constitutional relationship with the British government and their archaic interpretation of the narcotics conventions,» said Attorney General Kathy Lynn Simmons. «The people of Bermuda have democratically expressed their desire for a regulated cannabis licensing regime, following strong support at the ballot box and an extensive public consultation process.»

«The Government of Bermuda intends to continue to advance this initiative, to the full extent of its constitutional powers, in line with our 2020 General Election Platform commitment,» said Simmons.

Bill details

According to the Bermuda proposal, A cannabis regulatory authority would be created to manage the licensing of cannabis businesses and make recommendations on future policy. Adults 21 and over would be able to possess up to seven grams in a «public place», or more if they have a valid type of license. The 'intent» of the bill is to prioritize licensing for those disproportionately affected by the war on drugs.

Fees collected by licensees would cover the costs of administering the program, and these revenues could also be distributed to support addiction treatment programs, training licensees in cultivation and scientific research on cannabis.

In Bermuda, medical cannabis was legalized following a Supreme Court ruling in 2016 that allows people to apply for a license to legally possess and consume cannabis for therapeutic purposes. Possession of up to seven grams of cannabis is also decriminalized.

What happens next?

Governor Rena Lalgie, for her part, said she had «briefed the Premier and relayed the UK's continued desire to work with Bermuda on reforms within the framework of our existing international obligations».

«The Secretary of State for Foreign, Commonwealth and Development Affairs has concluded that the Bill, as currently drafted, does not comply with the UK's and Bermuda's obligations under the Single Convention on Narcotic Drugs 1961 and the Convention on Psychotropic Substances 1971,» she said.

Ms Lalgie had already stated in May that the UK was «currently supporting and assisting certain Crown Dependencies and other Overseas Territories to develop policy and legislation in line with the relevant Conventions».

«I hope that Bermudian officials will work with British officials to find a way forward - one that does not result in an upsetting criminal record for consumers of small amounts of cannabis and that frees up commercial opportunities, while maintaining Bermuda's excellent reputation for respecting the rule of law,» she said at the time.

Bermuda's Premier, David Burt of the Progressive Labour Party, did not immediately react to the refusal of assent, but he warned earlier this year that if the UK stood in the way of the legislation, it would «destroy the relationship we have with the UK».