Two Travellers From The United States Fined For Importation Of Cannabinol Derivatives (Gummies)

By Alric Lindsay

Jenessa Christine Cole and Shannon Nicole Smith, travellers from the United States, appeared in the Summary Court today, December 9, 2024, to each face a charge of importation of gummies with cannabinol. They were fined after pleading guilty.

Details of Smith’s charge

Regarding Smith, it was explained that she arrived at Owen Roberts International Airport on December 4, 2024, on a Jet Blue flight from Boston, Massachusetts.

Smith was selected for a random secondary search by Customs & Border Control officers.

A clear plastic Ziploc container containing five gummies was found during the search. Smith told CBC officers that the gummies contained THC.

During her interview, Smith explained that she uses the gummies as a sleep aid but noted they were legal for recreational purposes where she is from.

Smith’s Sentencing

In the Summary Court, Smith’s lawyer, Lene Doherty, explained that Smith came to the Cayman Islands for a 40^th birthday party with friends. However, she packed her bag for Cayman, not realising the gummies were there.

Regarding Smith’s use of the gummies, it was explained that she suffers from sleep deprivation and postpartum depression. 

Arguing that no conviction should be recorded, Smith’s lawyer noted that Smith is “an esteemed member of her society” and that the “implications of having a conviction recorded will be devastating” for her.

Regarding such devastating impacts, Magistrate McFarlane noted that there was no evidence before the Summary Court to support that claim.

Smith’s lawyer responded by highlighting that “having an importation of a controlled drug on your record is going to have implications and that’s going to be something that she will need to declare.”

Smith’s lawyer urged Magistrate McFarlane “to give consideration to a woman of impeccable character who has learned her lesson… and all the stress that’s incurred as a result of this.”

After hearing submissions from Smith’s lawyer, Magistrate McFarlane said there was no basis to believe that the submissions on Smith’s behalf were untrue.

Magistrate McFarlane added:

The difficulty I have is this.

For a professional who is at the top of your game, knowing that you are traveling internationally, I’m not sure that it is good enough to say, I forgot.

We have so many people coming into this jurisdiction with a very similar excuse.

I forgot.

I didn’t realize.

Magistrate McFarlane continued:

But I will give you the benefit of the doubt I have.

I don’t know if it’s fair to characterize PPD as a mental health condition, but I’m aware for many women, and I’m going to say this very unusually, I would not record a conviction.

Magistrate McFarlane then ordered Smith to pay the costs of the forensic testing of $406.50.

The gummies were also ordered forfeited and destroyed.

Details of Cole’s charge

Regarding Cole, it was explained in the Summary Court that she arrived on a United Airlines flight from Houston, Texas, on December 4, 2024.

Cole was randomly selected from the “nothing to declare line” for a secondary search.  During the search, CBC officers discovered a pill bottle containing pieces of coloured gummies with Delta 8 and 9 THC.  This amounted to less than two ounces of cannabinol derivatives.

After being arrested and interviewed, Cole explained that she “didn’t realize that there were gummies inside that bottle from a previous trip within her home state where the items are legal.”

Cole added that she was aware that gummies were illegal in the Cayman Islands and would never have brought them in if she remembered that they were inside the bottle.

Sentencing

Making submissions on Cole’s behalf, her lawyer, Lene Doherty, reiterated that Smith packed the items from a previous state trip and had no recollection of them.

Doherty added that Smith cooperated with the interview, was candid and expressed remorse.

Doherty noted further that Smith is only 31 years old, has no previous convictions, and is a person of good character who had simply come to the Cayman Islands for a vacation with friends.

Doherty concluded that the Summary Court should take into account the fact that Smith has “incurred the cost and stress remaining in this jurisdiction waiting for the outcome of today’s proceedings.”

After hearing all submissions, Magistrate McFarlane broke down Smith’s sentence as follows:

In addition to the above, Cole must pay forensic testing costs for the drugs in the amount of  $406.50.

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