A 'DEGREE OF DECRIMINALIZATION' EXISTS IN BERMUDA - BASCOME

Decriminalizing marijuana in Bermuda has already happened "to a degree",
according to Health and Social Services Minister Nelson Bascome.

Under the Criminal Code Amendment Act, instead of being dealt with as a
criminal, offenders who meet certain criteria will be channelled through
the drug treatment court, which is being set up to ease the pressure on the
island's overcrowded jails - in effect, that, and a new section on
conditional and absolute discharge, is most likely to result in the
decriminalization of first time offenders caught with small amounts of
marijuana.

Mr. Bascome was responding to calls in this newspaper in which a number of
health professionals said they are open to the idea of debating the drug's
medicinal uses.

But the minister said it is important to distinguish between medicinal use,
which is a matter for the medical community to deal with, he said, and
general decriminalization.

On the latter, however, referring to this year's Criminal Code Amendment
Act, which allows Government to put into practise its various Alternatives
to Incarceration Initiatives, Mr. Bascome said: "There's a degree of
decriminalization in the Code."

He added: "Within the broader context of the Criminal Code Amendment Act,
when you look at the number of young Bermudians who are charged with first
time offences for small amounts of marijuana - but who it becomes clear are
not going to be career criminals - we are addressing these crimes with the
amendment to the Code."

Mr. Bascome said it was paramount the public did not get the "wrong
message" about decriminalization, but pointed out that when the Act is put
into practise, it could have the same effect, especially on offenders dealt
with by the drug court.

Explanatory notes accompanying the Act state: "Section 68 provides for the
drug treatment court. The court may, with the agreement of the offender,
instead of convicting him of an offence, order that he be enrolled in a
drug treatment programme of such duration and subject to such conditions as
the court may specify in the order."

The Act makes it quite clear, however, that if the offender fails to comply
with the rules of the programme or the conditions set by the court, "he may
be sentenced for the original offence."

Furthermore, for offenders who do not meet the criteria to be dealt with by
the drug court, another section within the Act entitled "Conditional and
Absolute Discharge" states: "Where an accused, other than a corporation,
pleads guilty to or is found guilty of an offence, the court may, if it
considers it to be in the best interests of the offender, and not contrary
to the public interest, instead of convicting the offender, by order direct
that the offender be discharged absolutely or on conditions prescribed in a
probation order."

Again, however, the Act makes it clear that the Director of Public
Prosecutions can appeal such decisions. It also says that if an offender
breaks parole, the court can revoke the discharge and convict and sentence
the offender for the original offence.

Earlier this year, Transport Minister and doctor Ewart Brown, speaking on
VSB's Night Talk radio show, said he is in favour of decriminalization, a
stance later reiterated in this newspaper.

He also said he thought it would be good idea to explore the drug's
medicinal uses.

That revelation, coupled with new laws in Canada which allow patients with
terminal illnesses who have found little respite in other drugs to use
marijuana, led a handful of health professionals here to say they would be
interested in exploring the issue.

One professional, Dr. Peggy Bissell, the physician at Agape House,
Bermuda's residential home for the terminally ill, said: "For myself, open
mindedness translates into a willingness to look into the medical evidence
to see if marijuana, or anything else for that matter, will improve the
life of my dying patients.

"In the interest of good patient care, we have to examine the evidence of
anything that might make them feel better."

Speaking on Wednesday, however, Mr. Bascome said: "The only information I
have read about any type of request [for a debate] has been in the Bermuda
Sun. No one has ever made a formal request to this office that it
[marijuana] be used for a patient," which he said is how the matter should
be approached.

Shadow Health Minister Kim Young said calls for any debate on the pros and
cons of medical marijuana should come from the medical community.

She said: "The medical community is much more knowledgeable than lay people
or politicians. If they feel it has merits they should bring it forward to
the Government."

The island's chief medical officer, Dr. John Cann, was unavailable for comment.

Last year prison officials warned Bermuda's penal system was close to
collapse because of overcrowding. The Criminal Code Amendment Act is
designed to make prison the last option and to provide more restorative
help, especially to those with drug problems.