By Alric Lindsay
According to a December 2024 gazette publication, parliamentarians are expected to discuss a referendum bill, including whether the possession of small amounts of cannabis should be decriminalised. Pending that Parliamentary debate and subsequent votes by voters, the Cayman courts are indicating by their judgments that amounts less than two ounces may only attract a fine and, in some cases, no conviction will be recorded.
Evidence of the Court’s intentions
Based on actual court judgments, below is a summary of how the courts have treated importation and possession of cannabis and cannabinol derivatives in the form of gummies and chocolates.
| Description | Offences | Court Judgment |
| Work permit holder arriving at Owen Roberts Airport pleaded guilty on September 17, 2024, to four counts of drug importation | Count 1 (gummies) Count 2 (4 vape pens) Count 3 (psilocin capsules) Count 4 (ganja) | Count 1: $800 or 80 days imprisonment in default Count 2: $800 or 80 days imprisonment in default Count 3: $500 or 50 days imprisonment in default Count 4: $300 or 30 days imprisonment in default Total fines: $2,400 |
| Permanent resident’s possession of Ganja, gummies and a vape cartridge at Owen Roberts International Airport in November 2024 | Possession of a pack of marijuana-infused strawberry gummies A pencil case with four black tubes of pre-rolled Ganja and a backpack containing a vape cartridge. Reportedly, the Ganja weighed 3.52 grams. | Court found “extenuating circumstances” no conviction was recorded. Payment of $3,000 or serve three months in default. |
| Tourist importation of gummy and vape pen into Owen Roberts International Airport in November 14, 2024, | Possession of one gummy containing less than 2 ounces of Cannabinol derivatives and one vape pen containing the derivatives D8 THC and D9 THC | Costs of $1,000 or serve 10 weeks in default. No conviction was recorded. |
| Tourist imported one gummy into Owen Roberts International Airport on November 2, 2024 | Possession of one gummy | Court found “extenuating circumstances” and no conviction was recorded. Tourist ordered to pay costs of $500 to the Crown or serve five weeks in default. |
| Tourist impported vape cartridges into Owen Roberts International Airport on November 11, 2024 | Possession of vape cartridges containing less than 2 ounces of D8 THC and D9 THC | Tourist fined $800 or serve eight weeks in default. |
| Tourist arrived at Owen Roberts International Airport on November 13, 2024 with 15 pieces of gummies | Possession of 15 gummies containing less than 2 ounces of a D90 THC | Court found no “exceptional circumstances” and conviction recorded. Tourist ordeed to pay a fine of $900 or serve 90 days in jail in default. Tourist ordered to pay $315.75 or face 31 days imprisonment in default for drug testing costs. |
| Tourist arrived at Owen Roberts International Airport on November 14, 2024, carrying 20 gummies. | Importation/possession of 20 gummies | No conviction recorded. Court found “exceptional circumstances” Tourist was conditionally discharged for two years. Tourist ordered to pay $1,400 in costs or serve three months imprisonment. |
| Two tourists arrived at Owen Roberts International Airport on November 13, 2024 with ganja spliffs and gummies | Importation of two pre-rolled Ganja cigarettes Chocolate-coated bites containing ganja weighing less than two ounces Ganja gummies weighing 11.6 grams 1.63 grams of Pscilocin A vape cartridge Mushrooms | Court found “no exceptional circumstances” Convictions recorded. Court ordered the following: Payment of $300 or 30 days in jail in default for the importation of pre-rolled Ganja cigarettes. Payment of $300 or 30 days in prison for the importation of chocolates containing Ganja. Payment of $200 each or 20 days in prison for importation of gummies. Payment of $500 each or 50 days in prison in default for the importation of Psilocin. Payment of $1,535.25 or 60 days of prison for the cost of forensic testing of the drugs. |
| Permanent resident arrived at Owen Roberts International Airport on December 16, 2024 with gummies. | Importation of five gummies containing less than two ounces of cannabinol derivatives. | Court found “exceptional circumstances”. Conditional discharged for 12 months. Ordered to pay a fine of $1,000 or serve 10 weeks in prison in default of payment. |
| Tourist arrived at the Owen Roberts International Airport on Friday, December 20, 2024 with gummies and spliffs | Importation of 10 gummies containing 50 milligrammes of cannabinol derivatives in the form of gummies Six pre-rolled cigarettes containing an unspecified amount of ganja. | Court found “extenuating circumstances.” Tourist received an unconditional discharge with no conviction recorded. Tourst ordered to pay a fine of $1,100. |
| Tourist pleadedd guilty on November 6, 2024, to importation of cannabis gummies into Owen Roberts International Airport. | Importation of cannabis gummies | Conviction recorded. Fine of $500 Payment of $315 in costs to the Crown. |
| Tourist arrived at Owen Roberts nternational Airport on December 4, 2024, with gummies. | Importation of cannabis gummies | No conviction recorded. Tourist ordered to pay the costs of the forensic testing of $406.50. |
| Tourist arrived Owen Roberts International Airport on December 4, 2024 with gummies. | Importation of a pill bottle containing pieces of coloured gummies with Delta 8 and 9 THC. This amounted to less than two ounces of cannabinol derivatives. | $500 fine Payment of forensic testing costs for the drugs in the amount of $406.50. |
| Tourist arrived at Owen Roberts International Airport on December 21, 2024 with gummies. | Importation of a bottle of 12 gummies labelled CBC and THC Delta 9. | Court ordered an unconditional discharge. No conviction recorded. Tourist ordered to pay the Crown $600 in costs or spend six weeks in jail in default. |
| Tourist arrived at Owen Roberts International Airport on December 21, 2024 with gummies. | Importation of two small Ziploc bags containing 20 gummies | Court found “extenuating circumstances.” Unconditional discharge with no conviction recorded. Tourist ordered to pay a fine of $1,000 or 10 weeks in default. |
| Caymanian found with ganja after investigating two-car collision. | Possession of 6.61 grams of ganja was found in the bushes nearby. She noted this was for personal use. | No conviction recorded. Court ordered 19 year old to pay the Crown $500 in costs. |
| Tourist arrived at Owen Roberts International Airport on November 14, 2024 with Ecstasy, ganja and methamphetamine | Importation of 0.599 grams of MDMA/Ecstasy 6.18 grams of Ganja 0.81 grams of methamphetamine | Tourist conditionally discharged if he did not commit any further offences in the Cayman Islands for a period of 12 months. Tourist ordered to pay $2,802. |
| Caymanian found with ganja and cocaine in his home | Possession of 60.66 grams of ganja. Possession of less than two ounces of cocaine. | Caymanian sentenced to 6 months in prison, which was suspended for two years. Caymanian placed on probation and ordered to do counselling and random drug testing. |
| Man guilty of overstaying found with ganja in car | Possession of a glass bottle containing 3.21 ounces of ganja. | Possession of cannabis: 21 days Consumption of cannabis: 7 days Man was scheduled for deportation on December 18, 2024 for overstaying. |
Regarding the above court judgments, tourists and others importing, possessing or consuming cannabis explained that the cannabis or cannabinol derivatives are either legal in the country they arrived in Cayman from or they used the same to “self-medicate.” They clarified this by saying that self-medication was necessary to treat postpartum depression and stress, to help with sleep, to ease joint pains and to deal with seizures.
Based on these judgments, it is clear that the courts have taken a lenient approach after considering the specific circumstances of each case. This is the case notwithstanding that the use of cannabis extracts is unlawful in the Cayman Islands unless prescribed by a medical doctor licensed in accordance with the Health Practice Act as part of a course of treatment for a person under that medical doctor’s care.
Conclusion
While many considerations must be taken into account by the legislature before decriminalising the possession of small amounts of cannabis, the courts are not waiting for drug laws to be amended in order to address the issue.
The courts cannot wait for MPs to decide on a new cannabis policy because the importation, possession and consumption of cannabis and derivatives are “live” issues occurring weekly as tourists and others are brought before the courts after being arrested and detained by Customs & Border Control officers and police for cannabis offences. In most cases involving small amounts of less than two ounces, offenders received fines and any unlawful drugs were forfeited and destroyed. The courts are expected to continue this trend in the absence of a referendum law, referendum vote or further amendments to drug laws.
Eventually, when the legislature catches up with the outcomes of court decisions in “real-time” concerning the importation, possession or consumption of small amounts of cannabis, it will be clear that any proposed changes to existing drug policies are not an easy task. This is because members of the legislature will need to balance any perceived dangers of possessing and using small amounts of cannabis with the legitimate medicinal applications of cannabis. MPs must also consider what will constitute an adequate and appropriate framework to address rehabilitation, counselling, and ongoing education while promoting public health, safety, and access to necessary treatments.
