On the UK’s first day with Elizabeth Truss as the country’s new prime minster, the government has refused Royal Assent of Bermuda’s bill to legalise cannabis.
The Bermuda Cannabis Licensing Bill 2022 aims to legalise and regulate activities related to the sale and production of cannabis.
The bill was initially reserved earlier this year as it was deemed not to be in line with international obligations set out in United Nations Conventions – the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances.
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The bill has been defeated twice in the Senate, however, in line with the Bermuda Constitution Order 1968, the Bill was presented to Governor and Commander-in-Chief of Bermuda, Ms Rena Lalgie for Royal Assent.
The UK Government has now instructed Bermuda not to Asset the bill as it does not fall in line with the conventions. Lalgie has stated that the UK still desires to work with Bermuda on reforms within the scope of existing international obligations.
Governor Lalgie, commented: “I previously announced that I had reserved the Cannabis Licensing Bill 2022 for the signification of Her Majesty’s pleasure under Section 35 (2) of The Bermuda Constitution.
‘I have now received an instruction, issued to me on Her Majesty’s behalf, not to Assent to the Bill as drafted.
“The Secretary of State for Foreign, Commonwealth and Development Affairs concluded that the Bill, as currently drafted, is not consistent with obligations held by the UK and Bermuda under the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances.
“I have informed the Premier and relayed the UK’s continued desire to work with Bermuda on reforms within the scope of our existing international obligations.”
The Bill was one of Premier Edward Burt’s – leader of the Progressive Labour Party (PLP) – flagship initiatives, however, almost half of his PLP MPs did not vote for the it.
One Bermuda Alliance MP Scott Pearman, has said that it is “no surprise” the bill has not been granted Assent, and has questioned whether it was planned that it would fail from the start, as the bill was “deeply flawed”.
Pearman commented: “In April, the Opposition was asked to comment on the likelihood of Premier Burt’s flagship Cannabis Bill becoming law. At that time, we said this: ‘Given the UK’s international convention obligations, there must be a high likelihood that the Governor will not grant Royal Assent – so this Bill will not likely become law.’
“With the UK’s clear and existing obligations, we also asked at that time: was it Premier Burt’s intention to have this Bill fail from the start?”
He continued: “The Opposition has consistently described this as a bad bill. It was deeply flawed – no matter what position you hold on the cannabis debate, this particular Bill was not for you. The Premier has been well aware of the UK’s Treaty Obligations throughout.
“His own Attorney-General pointed out the UK’s treaty obligations in Parliament when the Bill was debated the first time in February 2021. The Premier then stated publicly in November 2021 that he had no intention of tailoring his Bill to satisfy the UK’s conventions obligations.”
In a statement, the Attorney-General, the Honourable Kathy Lynn Simmons, commented on the development to say that it was: “Disappointing but not surprising, given the confines of our constitutional relationship with the UK Government and their archaic interpretation of the Narcotic Conventions.
“The People of Bermuda have democratically expressed their desire for a regulated cannabis licensing regime following the strong endorsement at the ballot box and an extensive public consultation process.
“The Government of Bermuda intends to continue to advance this initiative, within the full scope of its constitutional powers, in keeping with our 2020 General Election Platform commitment.”
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