Police Cannabis Caution Policy Draft Released

February 16, 2017

The weight of the cannabis must be under three grams and the offender must not have other drugs on them are two aspects of the draft of the guidance of the police caution policy for a person arrested for simple possession of cannabis.

The information was released today by Director of Public Prosecutions Larry Mussenden, who said he intends to “formally bring the guidance for a police caution policy into effect once the Police and Criminal Evidence Amendment Act 2016 is brought into operation.”

Mr Mussenden said, ”In 2016 Parliament passed the Police and Criminal Evidence Amendment Act 2016 which made provision for the Director of Public Prosecutions to give a guidance for a formal police caution for appropriate offences.

“Thereafter, I announced that I would consider a guidance for a police caution policy in respect of simple possession of cannabis.  I stated that I would welcome input from the community. Also, at that time I reached out to various agencies for their views on a police caution policy for simple possession of cannabis.

“I have drafted a guidance for a police caution policy for simple possession of cannabis. I am pleased to release a draft of the guidance for a caution policy today as information to the general public.

Larry Mussenden TC Bermuda February 16 2017

“I intend to formally bring the guidance for a police caution policy into effect once the Police and Criminal Evidence Amendment Act 2016 is brought into operation by the Honourable Attorney-General by way of a notice in the Official Gazette.

“I am pleased to inform you that we had a range of responses inclusive of the Ministry of Education, the Ministry of Health & Seniors, the Bermuda Police Service, the Department of Court Services, the Department of Child & Family Services, the National Drug Commission.

“Additionally, we received a number of submissions from the general public. I am grateful to everyone who made a submission.

“The submissions ranged along the spectrum of how a police caution policy should be structured from a blanket caution for all cannabis to having a limited number of cautions, and to having some conditions in order to obtain a caution.

“Other aspects were urged such as reducing the number of people being convicted, preventing the harmful impact of drugs on society, preventing initiation and use of drugs in youth in order to protect the developing brain, protecting minors from drug use which leads to drug abuse as an adult, preventing unintentional accidents, preventing diversion of funds to drugs and to promoting health education generally.

“The key points of the guidance for the police caution policy for a person arrested for simple possession of cannabis involves a simple matrix system and are as follows:

  1. “The weight of the cannabis must be under three [3] grams;
  2. “An offender must admit to possession of the cannabis;
  3. “An offender must not have other drugs on them at the time of the seizure/search;
  4. “Children offenders under 18 years of age will be referred to Child & Family services;
  5. “On a first and second arrest for possession of cannabis, a first caution and second caution respectively may be granted;
  6. “On a third arrest for possession, a caution may be granted on the following conditions:
    1. “A person will be bailed from the police station to return to the police station 3 months later – such time to be used to complete some tasks;

i.      “An assessment must be made by BARC;
ii.      “An offender must undergo a minimum of 12 hours of drug counselling;
iii.      “An offender should pass a drug test.

  1. “If the conditions are met, then a third caution will be issued – otherwise the offender will be sent to court for prosecution.
  2. “On a fourth arrest within 2 years of a third caution, the offender will not be eligible for a fourth caution;
  3. “Upon two [2] years passing from the date of the third caution, an offender is re-eligible for a first caution.

“It is a pleasure to release this guidance for a caution policy for cannabis. It is designed to steer offenders away from the courts with all the consequences arising from convictions, builds in a 3 strikes policy, and involves counselling and drug testing.

“The policy is designed to allow our people to pursue their life and career objectives and to be productive, healthy and successful members of the community.”

The draft guidance of the Cannabis Caution Policy follows below [PDF here]:

click here Bermuda cannabis decriminalization

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Comments (37)

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  1. sage says:

    Really have to wonder if they will ever catch up with the more advanced jurisdictions, because this is an ‘effin joke. Too little too late.

    • Earth watch police says:

      Well this sounds so a#s backward so where are you going to get the three grams from ? I’m convinced that Bermuda s drug laws will never change th there’s simply too much money being made .

    • Kidder says:

      if you get caught more than once you are clearly doing something wrong… so who cares. this is good.

    • Clint Eastwood says:

      You’re comment really speaks to nothing specific.

      ‘more advanced jurisdictions’ = countries (U.S) with far more serious drug and crime problems, where people are convicted and sentenced to life in prison only to be released decades later after science proves them innocent..

      ‘Too little too late..’??…the new law will prevent people from restricting their futures abroad (stop-list), and prevent countless hours of wasted time in the courts convicting grown adults for possessing harmless amounts of marijuana.

      Gimme a break lol

      • Truth says:

        Ya know what else will “prevent people from restricting their futures abroad (stop-list) and prevent countless hours of wasted time in the courts…” don’t do illegal drugs. Period. Easy. If travelling is important to you or education abroad is important, don’t do drugs. PRIORITIES, PEOPLE!!

        • sage says:

          Yeah kids, at 18 we provide legal drugs for you to use, try cancer sticks, sit on a bar porch puffing on a hookah pipe, or buy some tobacco bongs in the mall if you want to smoke. Start drinking too, and heres a car license (don’t worry about roadside sobriety tests those are unconstitutional so we don’t have them) and drunk driving will never get you on the Stop List, our DNDC ads claim your brains won’t fully develop until 25, so obviously we give you a full 7 years to turn yourselves into mindless sheep, if you don’t kill yourselves and others first, but not to worry conviction rates for vehicular homicide are rare and usually manifestly inadequate. Whatever you do, NEVER under any circumstances, ever take a single puff of that merryjawanna, it will render you a zombie rapist within minutes it’s true!

          Regards, your duly elected, paid Leaders.

        • Earth watch police says:

          Yes truth just tell our kids to do legal drugs like get full hott then get in a brawl fight some cops beat your girl in a drunken rage or kill yourself on your bike but that drug is legal.

      • sage says:

        Cannabis kills no one yet we are ok with imprisoning otherwise law abiding people for having it, cigarettes cause a worldwide genocide of millions of deaths annually, alcohol a few hundred thousand and we allow its importation and distribution to anyone over 18 knowing the dangers, we celebrate “business” moguls who have created immense wealth off of these killer drugs, so you fools are not getting any breaks from me. Free the trees, remove all criminal penalties completely, apologise and make restitution to drug war victims and immediately pardon all previously convicted.

    • Theone says:

      Don’t worry there is a group of people that have 8 patients that grow they’re own cannabis and make there cbd oil for the last three years. They are called the Bermuda medical cannabis society they also have people that have been meeting with government for the last two years and will put they’re life and freedom on the line to make sure that the law is passed to to get medical cannabis available and to get better laws this s*** they have put before us here today!!!!

  2. Takbir Karriem Sharrieff says:

    We thank Almighty G-D,,,,,,Allah Subannah-wa-ta-Allah,,,for putting it in the heart of a black man to take the pressure off the society for punishing young black men for cannabis Sativa for many years,ruining their lives,careers,and imprisoning them for small amounts of marihuana.We all know that cocaine ,crack and other hard drugs like P.C.P,etc were used as the drug of choice,by people who could afford them. People grew marihuana,because they could not afford the other hard drugs.Personally I have never used any form of drug,barbituate,or any illegal substance,but I am aware of the damage that they can cause the individual and the society.The evidence is all around us.Congratulations,Mr Mussenden,,,,,,,Peace.

    • Earth watch police says:

      Takbir cannabis is a plant created by God Allah or nature whichever you prefer to believe the same way man was created you are a blasphemer passing judgment on something that was not put here by man.

  3. I and I says:

    Lol!!!Set the whole plant free!

  4. Terry says:

    The answer my friends is blowing in the wind………………………..

  5. Longtail says:


  6. Colorado Rocky says:

    This is kind of hilarious when the rest of the world is legalizing and/or about to legalize marijuana. Why dont we legalize it, a year after that allow dispensaries to open for business and cash in on this very profitable and lucrative business. If you think tourism is on the rise now i can assure you that it would triple. Bermuda is the ideal location where you wont have to travel to Colorado,Seattle etc for vacation and recreational use of marijuana like many do,I for one! I am a frequent flyer(no pun intended) to Colorado and the amount of people of all ages and cultures that to Colorado and patronize these establishments is jaw dropping! It is something to see to believe, they dont look like your average hippie/stoner but are CEO,Dr, Lawyers, Mothers/Fathers/Grandparents etc. Remember marijuana is not only smoked but comes in many products and ways you can consume it.ITS TIME TO CAPITALIZE ON IT BEFORE IT BECOMES EASILY AVAILABLE LIKE ALCOHOL!

  7. Seriously says:

    Here’s a thought. A bit weird though. How about we not use the damn drug until it becomes legal. That’s one way of staying off the stop list.

  8. Paradise Reclaimed says:

    Great way to empower the gang suppliers. Make the quantity a single gram, why don’t you? Any drinkers buying half a six- pack? How about half-pint quantities of rum. What a joke! You can’t control or regulate what is illegal. Totally out of touch. You can posess a small quantity, but it’s still illegal to buy or sell. Best luck !!

  9. Grizz says:

    Sort of confused! So you can get caught and be given a warning but if u get caught more than three (3) times you have to pass a drug test?!
    What sense would that make; If a person has been caught that many times, clearly they smoke weed! Why waste time doing a test?
    And three (3) grams…….really?! Lololol

    • Truth says:

      If you get caught again after being caught once, you are clearly not smart enough to go abroad for further education. Stay home and stay stupid.

      • sage says:

        If you imprison people for a harmless plant or support this policy you are worse than stupid. Reading “truths’ BS will make you stupid.

      • Earth watch police says:

        Well truth looks like lack of weed has made you stupid.

  10. Unus sed Leo. says:

    unacceptable… people of Bermuda request and require full and legal usage of medical marijuanna for at home (domicile) usage.

  11. Will says:

    3 grams what a joke and they’re talking about decriminalisation of 7..which is it guys?! Might as well not waste our breath on this one and just wait for decriminalisation.

  12. King Jammys says:

    Not good enough…..

  13. Jus' Wonderin' says:

    THIS IS A JOKE! 3 grams where other states in AMERICA – (who created the war on drugs) you can have up to 10 OUNCES or 283 grams and grow 6 plants and possibly more in other states! BERMUDA WILL NEVER MOVE AHEAD, WE’RE ALWAYS TOO LATE AND TOO BACKWARDS SMFH!! Just keep it the same if you’re gonna give us this joke.

    • Will says:

      For real though.this just sounds like more rules to keeping it illegal without any concerns or mention of a moving-forward style of policy. Same old s#!te with a different wording.

  14. Forethebest says:

    I would like someone to address the notion that inhaling cannabis smoke is as injurious to your health, or perhaps worse, than inhaling tobacco smoke. Probably, it makes sense that possession of cannabis for personal use should be decriminalized, but who is going to warn that inhaling smoke into one’s lungs causes cancer, heart disease etc?

    • sue dumps says:

      Inhaling everything in your lungs is bad, but that’s not the only way to use cannabis! I’d rather inhale cannabis than cigarettes. You can keep smoking paint thinner, cyanide, etc smh!

    • sage says:

      Let me address it, no one, because it is complete bulls#!t, look up death stats for drugs and see if you make any sense, even the DEA has removed that and other outright lies from their website, try keeping up.

    • Dreamers says:

      And who to say drinking is safe also… make all drugs legal and people will slowly become bored of doing them…

  15. Glowstick Tracker says:

    What all the free thinkers commenting here forget or chose to ignore is that there is no way to measure whether the amount of cannabis you smoked was sufficient to invalidate you driving or operating a chainsaw or something similar. All that can be tested is that you have THC in your system. So whilst you might get a caution for having 3 grams you could lose your license, job or end up in prison if you have an accident and the test proves positive for cannabis. If there is no measurement to say what is safe and what is not.

    • Smarter441 says:

      People are already driving high. If more people were high while driving the roads would prob be safer.

    • sage says:

      Sounds like there is no proof it does impair like alcohol, people smoke and drive now so continuing a racist, unscientific, hypocritical war against people because no one can figure out a way to test for impairment by cannabis is wrong and legalizing won’t necessarily result in more people driving with THC in their system, but in places it is legal they claim it has resulted in lower drunk driving accidents, safer alternative, alcohol fuels false bravado (liquid courage), bad decision making and badly effects equilibrium, making it far more dangerous than cannabis. Since Cannabis is illegal extensive research hasn’t been done. Anecdotally speaking the cops in Denver say the people smoking weed are easy to spot, they drive extra slowly, drunks put the pedal to the metal.

  16. Curious says:

    3 grams? I think what they are trying to say is we need a few elephants to go with it.

  17. Bermy greens says:

    Excuse me while I light my spliff ……..