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By Alric Lindsay
Linda Lopez and Derek Powell, visitors from the United States, appeared in the Summary Court today, January 23, 2025, to face a charge of importation of Cannabinol derivatives in the form of gummies. Powell and Lopez were fined in their separate cases.
Details surrounding Lopez
Regarding Lopez, crown counsel from the Office of the Director of Public Prosecutions explained that she arrived in the Cayman Islands on an American Airlines flight from Pittsburgh on December 27, 2024. She is a property owner in the Cayman Islands and visits annually from January to March.
Based on crown counsel’s account, Lopez passed through the baggage terminal and went outside the airport to tend to her dog, which accompanied her.
Customs & Border Control officers had reason to search luggage accompanied by her son during this time.
The CBC search revealed a ziplock bag containing 30 gummies weighing 3.62 ounces.
When CBC officers questioned the son, he reportedly said the gummies belonged to Lopez. Lopez was then asked to return to the terminal inside the airport.
Lopez explained that before travelling, she contacted American Airlines in the Cayman Islands when she was informed that she could bring the gummies.
Subsequently, Lopez was arrested and transported to the Cayman Islands Detention Centre.
Reportedly, Lopez said she used the gummies for anxiety and to help her sleep. Lopez added that she had previously seen a therapist who recommended gummies to her.
While Lopez indicated she was aware that she could not bring ganja to the Cayman Islands, she was unaware that CBD gummies were illegal to import.
Arguing on Lopez’s behalf, defence counsel noted that she is a 67-year-old lady who never smoked and was using the gummies for medicinal purposes only.
Defence counsel clarified that Lopez was not attempting to conceal the gummies, which were contained in a sealed container.
Concerning the Cayman arrest, defence counsel said Lopez was “mortified and horrified” by the experience.
After hearing from crown and defence counsels, Magistrate Gunn acknowledged that Lopez is a mature lady of exemplary character who legally purchased the gummies overseas.
Magistrate Gunn highlighted that, before travelling, Lopez attempted to confirm if the gummies were illegal in the Cayman Islands. However, Lopez was misinformed.
Magistrate Gunn accepted that Lopez bought the gummies to deal with anxiety.
Based on the foregoing, Magistrate Gunn made a special disposal in Lopez’s case and ordered a conditional discharge for 18 months. No conviction will recorded as long as no crime is committed during that period. Lopez must also pay $915 for drug testing and prosecution costs.
Details surrounding Powell
Concerning the background of Derek Powell’s charge, crown counsel explained that he arrived in the Cayman Islands on January 20, 2025, on a JetBlue flight from New York. The purpose of the trip was to ask his girlfriend to marry him.
At the airport, CBC officers had reason to search Powell’s backpack. CBC officers found 20 gummies weighing 3.80 ounces. Drug tests revealed that the gummies contained D8 & D9 THC.
Reportedly, Powell said he used the gummies to regulate his blood pressure but was hurrying to pack his luggage and forgot they were in the bag. Powell was subsequently arrested.
Arguing on his behalf, defence counsel Jonathon Hughes noted that this was an accidental importation, i.e., not a deliberate act by Powell.
Hughes added that if Powell knew the gummies were there, he would not have brought them.
Lastly, it was noted that Powell apologised to the court for any inconvenience caused.
After considering the foregoing, Magistrate Gunn said there was no reason to doubt Powell’s explanation.
In the circumstances, Magistrate Gunn made a special disposal and ordered a conditional discharge for 18 months. He will go to jail if he commits any crime in the Cayman Islands during this period.
Finally, Magistrate Gunn ordered Powell to pay $540.75 for the drug testing and $600 in costs to the prosecution. Failure to pay will lead to 3 months in person.
