Beautiful Virgin Islands

Saturday, Jul 05, 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through to 28(e) — to the principal legislation; thereby allowing petitioners to apply for their convictions to be rescinded.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
A new online platform has emerged in the United Kingdom, specifically targeting Muslim men seeking virgin brides
Trump Celebrates Independence Day with B-2 Flyover and Signs Controversial Legislation
Boris Johnson Urges Conservatives to Ignore Farage
SNP Ordered to Update Single-Sex Space Guidance Within Days
Starmer Set to Reject Calls for Wealth Taxes
Stolen Century-Old Rolls-Royce Recovered After Hotel Theft
Macron Presses Starmer to Recognise Palestinian State
Labour Delayed Palestine Action Ban Over Riot Concerns
Swinney’s Tax Comments ‘Offensive to Scots’, Say Tories
High Street Retailers to Enforce Bans on Serial Shoplifters
Music Banned by Henry VIII to Be Performed After 500 Years
Steve Coogan Says Working Class Is Being ‘Ethnically Cleansed’
Home Office Admits Uncertainty Over Visa Overstayer Numbers
JD Vance Questions Mandelson Over Reform Party’s Rising Popularity
Macron to Receive Windsor Carriage Ride in Royal Gesture
Labour Accused of ‘Hammering’ Scots During First Year in Power
BBC Head of Music Stood Down Amid Bob Vylan Controversy
Corbyn Eyes Hard-Left Challenge to Starmer’s Leadership
London Tube Trains Suspended After Major Fire Erupts Nearby
Richard Kemp: I Felt Safer in Israel Under Attack Than in the UK
Cyclist Says Police Cited Human Rights Act for Riding No-Handed
China’s Central Bank Consults European Peers on Low-Rate Strategies
AI Raises Alarms Over Long-Term Job Security
Saudi Arabia Maintains Ties with Iran Despite Israel Conflict
Musk Battles to Protect Tesla Amid Trump Policy Threats
Air France-KLM Acquires Majority Stake in Scandinavian Airlines
UK Educators Sound Alarm on Declining Child Literacy
Shein Fined €40 Million in France Over Misleading Discounts
Brazil’s Lula Visits Kirchner During Argentina House Arrest
Trump Scores Legislative Win as House Passes Tax Reform Bill
Keir Starmer Faces Criticism After Rocky First Year in Power
DJI Launches Heavy-Duty Coaxial Quadcopter with 80 kg Lift Capacity
U.S. Senate Approves Major Legislation Dubbed the 'Big Beautiful Bill'
Largest Healthcare Fraud Takedown in U.S. History Announced by DOJ
Poland Implements Border Checks Amid Growing Migration Tensions
Political Dispute Escalates Between Trump and Musk
Emirates Airline Expands Market Share with New $20 Million Campaign
Amazon Reaches Milestone with Deployment of One Millionth Robot
US Senate Votes to Remove AI Regulation Moratorium from Domestic Policy Bill
Yulia Putintseva Calls for Spectator Ejection at Wimbledon Over Safety Concerns
Jury Deliberations in Diddy Trial Yield Partial Verdict in Serious Criminal Charges
House Oversight Committee Subpoenas Former Jill Biden Aide Amid Investigation into Alleged Concealment of President Biden's Cognitive Health
King Charles Plans Significant Role for Prince Harry in Coronation
Two Chinese Nationals Arrested for Espionage Activities Against U.S. Navy
Amazon Reaches Major Automation Milestone with Over One Million Robots
Extreme Heat Wave Sweeps Across Europe, Hitting Record Temperatures
Meta Announces Formation of Ambitious AI Unit, Meta Superintelligence Labs
Robots Compete in Football Tournament in China Amid Injuries
Trump Administration Considers Withdrawal of Funding for Hospitals Providing Gender Treatment to Minors
Texas Enacts Law Allowing Gold and Silver Transactions
×