Beautiful Virgin Islands

Tuesday, Jun 03, 2025

Only fair! Gov't introduces legislation to expunge criminal records of past cannabis users

Only fair! Gov't introduces legislation to expunge criminal records of past cannabis users

Now that medical marijuana legislation has successfully passed through the House of Assembly, government is moving forward with its Drug Prevention & Misuse (Amendment) Act that, among other things, offers previously-convicted cannabis users an opportunity to have their criminal records expunged.

The amendment provides for the insertion of a new section — Sections 28(a) through to 28(e) — to the principal legislation; thereby allowing petitioners to apply for their convictions to be rescinded.

Part ‘A’ of Section 28 notes that the criminal record may not be expunged if the cannabis for which a person was charged or convicted is more than the amount defined in the legislation. That amount has not yet been specified.

Factors to be considered when deciding whether to expunge


According to Health Minister Carvin Malone, who gave a brief introduction to the amendment Tuesday night, Part ‘B’ speaks to the eligibility of expungement while 28(c) would provide the factors to be considered by local courts such as the petitioner’s age, their age at the time of the offence, the time that elapsed since the conviction, and the adverse consequences they would suffer if their application was denied.

He said Clause 28(d) would provide for expungement of a criminal record as well as all official records of arrest, pleas, trial conviction, and supervision of expungement. The final part to the amendment, 28(e), stipulates that no liability or legal action shall lie against the government by offenders who’ve had their records expunged.

Only fair to offer expungement


Malone said the purpose of the amendment is to bring fairness and balance between those who were penalised in the past for using cannabis for medical reasons and those future users who are now free to consume medical marijuana under the Cannabis Licensing Act that passed in the House late Tuesday night, June 30.

“It is not uncommon to find that persons who were held by the police with small quantities of cannabis plead that they may have acquired the cannabis for medical relief. They may have had glaucoma, migraines, or they may be a cancer patient who is dealing with pain from chemotherapy. These quantities and these reasons are in line with the very same conditions and situations that we are now seeking to decriminalize today,” Malone reasoned.

Disparity, criminal stain, and trouble getting a job


“You can also see a disparity created where, similarly, a person who has such as conviction on their record is walking around with a stain on their name. They cannot get a police certificate, [and] they are debarred from accessing certain opportunities such as a mere job. But someone else who commits the same act after the decriminalization takes effect does not face the same obstacles,” the minister further explained.

He continued: “This is why the fair thing to do is to level the playing field and to implement a mechanism that would remove that blemish and to remove any enormities whereby prosecutions may be taking place in the court for actions committed prior to the decriminalization, while no such actions would apply for the same activities after the law is passed. That, in simple terms, is the philosophy behind what we are trying to achieve.”

Importantly, the proposed amendment does not apply in circumstances in which the Director of Public Prosecutions determines that a person had intentions to supply cannabis to others.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
China Accuses US of Violating Trade Truce
Panama Port Owner Balances US-China Pressures
France Implements Nationwide Outdoor Smoking Ban to Protect Children
German Chancellor Merz Keeps Putin Guessing on Missile Strategy
Mandelson Criticizes UK's 'Fetish' for Abandoning EU Regulations
British Fishing Boat Owner Fined €30,000 by French Authorities
Dutch government falls as far-right leader Wilders quits coalition
Harvard Urges US to Unfreeze Funds for Public Health Research
Businessman Mauled by Lion at Luxury Namibian Lodge
Researchers Consider New Destinations Beyond the U.S.
53-Year-Old Doctor Claims Biological Age of 23
Trump Struggles to Secure Trade Deals With China and Europe
Russia to Return 6,000 Corpses Under Ukraine Prisoner Swap Deal
Microsoft Lays Off Hundreds More Amid Restructuring
Harvey Weinstein’s Publicist Embraces Notoriety
Macron and Meloni Seek Unity Despite Tensions
Trump Administration Accused of Obstructing Deportation Cases
Newark Mayor Sues Over Arrest at Immigration Facility
Center-Left Candidate Projected to Win South Korean Presidency
Trump’s Tariffs Predicted to Stall Global Economic Growth
South Korea’s President-Elect Expected to Take Softer Line on Trump and North Korea
Trump’s China Strategy Remains a Geopolitical Puzzle
Ukraine Executes Long-Range Drone Strikes on Russian Airbases
Conservative Karol Nawrocki wins Poland’s presidential election
Study Identifies Potential Radicalization Risk Among Over One Million Muslims in Germany
Good news: Annalena Baerbock Elected President of the UN General Assembly
Apple Appeals EU Law Over User Data Sharing Requirements
South Africa: "First Black Bank" Collapses after Being Looted by Owners
Poland will now withdraw from the EU migration pact after pro-Trump nationalist wins Election
"That's Disgusting, Don’t Say It Again": The Trump Joke That Made the President Boil
Trump Cancels NASA Nominee Over Democratic Donations
Paris Saint-Germain's Greatest Triumph Is Football’s Lowest Point
OnlyFans for Sale: From Lockdown Lifeline to Eight-Billion-Dollar Empire
Mayor’s Security Officer Implicated | Shocking New Details Emerge in NYC Kidnapping Case
Hegseth Warns of Potential Chinese Military Action Against Taiwan
OPEC+ Agrees to Increase Oil Output for Third Consecutive Month
Jamie Dimon Warns U.S. Bond Market Faces Pressure from Rising Debt
Turkey Detains Istanbul Officials Amid Anti-Corruption Crackdown
Taylor Swift Gains Ownership of Her First Six Albums
Bangkok Ranked World's Top City for Remote Work in 2025
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
×