Illegal for Police to lock up persons for small amounts of ganja – Nandlall

Man nabbed with 4.2 grammes of ganja in Matthew’s Ridge 

When quizzed about the law amendments and this specific case, Nandlall said it shed light on the legal framework that should protect citizens from wrongful detention.

“An incident was reported where a person was locked up by the Police for having less than 15 grammes of marijuana,” Nandlall stated.

“We amended the Narcotics Act in November 2022 to eliminate mandatory custodial sentences for possession up to 30 grammes,’” he added.

Nandlall clarified that in keeping with the law, possession of zero to 15 grammes mandates counselling, while possession between 15 and 30 grammes may result in community service, with no possibility of imprisonment.

“If the court cannot impose a prison sentence, then the Police cannot lock someone up for that offence,” he stressed.

The Attorney General reiterated that the principle of law is clear.

“If an offence does not carry imprisonment upon conviction, the Police cannot detain individuals prior to trial. Bail must be granted in such cases.”

In a decisive warning, Nandlall urged Police officers to comply with the law.

“They are advised not to detain individuals for possession of marijuana below 30 grammes. They must charge the individual and present them before the Magistrates’ Court,” Nandlall asserted.

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