Beautiful Virgin Islands

Saturday, Jul 26, 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through to 28(e) — to the principal legislation; thereby allowing petitioners to apply for their convictions to be rescinded.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
Deputy attorney general's second day of meeting with Ghislaine Maxwell has concluded
Controversial March in Switzerland Features Men Dressed in Nazi Uniforms
Politics is a good business: Barack Obama’s Reported Net Worth Growth, 1990–2025
Thai Civilian Death Toll Rises to 12 in Cambodian Cross-Border Attacks
TSUNAMI: Trump Just Crossed the Rubicon—And There’s No Turning Back
Over 120 Criminal Cases Dismissed in Boston Amid Public Defender Shortage
UN's Top Court Declares Environmental Protection a Legal Obligation Under International Law
"Crazy Thing": OpenAI's Sam Altman Warns Of AI Voice Fraud Crisis In Banking
The Podcaster Who Accidentally Revealed He Earns Over $10 Million a Year
Trump Announces $550 Billion Japanese Investment and New Trade Agreements with Indonesia and the Philippines
US Treasury Secretary Calls for Institutional Review of Federal Reserve Amid AI‑Driven Growth Expectations
UK Government Considers Dropping Demand for Apple Encryption Backdoor
Severe Flooding in South Korea Claims Lives Amid Ongoing Rescue Operations
Japanese Man Discovers Family Connection Through DNA Testing After Decades of Separation
Russia Signals Openness to Ukraine Peace Talks Amid Escalating Drone Warfare
Switzerland Implements Ban on Mammography Screening
Japanese Prime Minister Vows to Stay After Coalition Loses Upper House Majority
Pogacar Extends Dominance with Stage Fifteen Triumph at Tour de France
CEO Resigns Amid Controversy Over Relationship with HR Executive
Man Dies After Being Pulled Into MRI Machine Due to Metal Chain in New York Clinic
NVIDIA Achieves $4 Trillion Valuation Amid AI Demand
US Revokes Visas of Brazilian Corrupted Judges Amid Fake Bolsonaro Investigation
U.S. Congress Approves Rescissions Act Cutting Federal Funding for NPR and PBS
North Korea Restricts Foreign Tourist Access to New Seaside Resort
Brazil's Supreme Court Imposes Radical Restrictions on Former President Bolsonaro
Centrist Criticism of von der Leyen Resurfaces as she Survives EU Confidence Vote
Judge Criticizes DOJ Over Secrecy in Dropping Charges Against Gang Leader
Apple Closes $16.5 Billion Tax Dispute With Ireland
Von der Leyen Faces Setback Over €2 Trillion EU Budget Proposal
UK and Germany Collaborate on Global Military Equipment Sales
Trump Plans Over 10% Tariffs on African and Caribbean Nations
Flying Taxi CEO Reclaims Billionaire Status After Stock Surge
Epstein Files Deepen Republican Party Divide
Zuckerberg Faces $8 Billion Privacy Lawsuit From Meta Shareholders
FIFA Pressured to Rethink World Cup Calendar Due to Climate Change
SpaceX Nears $400 Billion Valuation With New Share Sale
Microsoft, US Lab to Use AI for Faster Nuclear Plant Licensing
Trump Walks Back Talk of Firing Fed Chair Jerome Powell
Zelensky Reshuffles Cabinet to Win Support at Home and in Washington
"Can You Hit Moscow?" Trump Asked Zelensky To Make Putin "Feel The Pain"
Irish Tech Worker Detained 100 days by US Authorities for Overstaying Visa
Dimon Warns on Fed Independence as Trump Administration Eyes Powell’s Succession
Church of England Removes 1991 Sexuality Guidelines from Clergy Selection
Superman Franchise Achieves Success with Latest Release
Hungary's Viktor Orban Rejects Agreements on Illegal Migration
Jeff Bezos Considers Purchasing Condé Nast as a Wedding Gift
Ghislaine Maxwell Says She’s Ready to Testify Before Congress on Epstein’s Criminal Empire
Bal des Pompiers: A Celebration of Community and Firefighter Culture in France
FBI Chief Kash Patel Denies Resignation Speculations Amid Epstein List Controversy
Air India Pilot’s Mental Health Records Under Scrutiny
×