Courtroom Bacchanal — Part 3: Thirty Grams, Sixty Grams or a Boatload?

THIRTY GRAMS, SIXTY GRAMS OR A BOATLOAD?!

Courtroom Bacchanal — Part 3 | The Boat, the Ganja and Mammy's Prayer Cloth continues

By the time Miss Pearl left the AJIPAA hearing, she had learned three things: the High Court Master was not the captain of her son's fishing boat; an initial hearing was not a trial; and George was getting dangerously close to being put out of the family WhatsApp group.

But now she had a NEW mission. She wanted to know exactly how much cannabis could send somebody to court.

So she arrived at counsel's office with a notebook, a shopping bag and a KITCHEN SCALE.

George arrived carrying an old fish scale.

“Counsel, good morning. I come prepared,” Pearl announced. “We going weigh this whole situation and finish it today!”

The attorney looked at the scales. “Miss Pearl, please tell me you have not brought evidence from the police station in that shopping bag.”

“No, Counsel! I bring the scale from home. George bring the one he does weigh kingfish with.”

George nodded proudly. “This scale never tell a lie.”

“George,” Pearl replied, “last Christmas you sell a man two pounds of fish and he say it was mostly water!”

The attorney put down her pen. “Right. Before these two scales become exhibits, let me explain the law.”

FIRST: WHAT IS POSSESSION SIMPLICITER?

“Possession simpliciter” means simple possession, as distinct from possession for the purpose of trafficking. The actual charge and facts matter; simply calling everything ‘ganja’ does not tell us which offence the prosecution alleges.

“So, Counsel,” Pearl asked, “is 30 grammes legal?”

“Under section 5 of the Dangerous Drugs Act, as amended in 2019, possession of not more than 30 grammes of cannabis is within a statutory exemption from the ordinary possession offence. That is not a licence to sell it, smoke in public, drive while impaired or ignore other restrictions.”

Pearl wrote down: THIRTY. George leaned over. “That sounding like the amount of flour you use for a small bake.”

“GEORGE! Nobody here baking anything!”

SECOND: WHAT IF IT IS MORE THAN 30 GRAMMES?

“More than 30 grammes but not more than 60 grammes is a summary offence,” counsel said. “The law provides for a fixed-penalty notice process in the relevant circumstances, and on summary conviction the statutory fine can be as high as TT$50,000.”

Miss Pearl dropped her pen. “FIFTY THOUSAND? For something George could fit in a sardine tin?!”

“That is the statutory maximum court fine, Miss Pearl—not a statement that everybody receives that fine, and not the amount of a fixed-penalty notice. The precise process and outcome depend on the circumstances.”

George whispered, “Pearl, put the pen back in your hand before they charge the notebook too.”

THIRD: WHAT ABOUT 60 TO 100 GRAMMES?

“More than 60 grammes but not more than 100 grammes is another summary possession offence,” counsel continued. “On summary conviction, the statutory fine is up to TT$75,000.”

Pearl looked at George. “You hearing these figures? You better stop weighing the fish with your thumb on the scale!”

“Woman, why I getting prosecuted in somebody else consultation?”

FOURTH: WHAT HAPPENS ABOVE 100 GRAMMES?

“More than 100 grammes falls within the more serious possession provision. The law allows substantially heavier penalties, potentially including imprisonment. The case may be dealt with summarily or on indictment, depending on the charge and legal procedure.”

“So above 100 grammes automatically means trafficking?” Pearl asked.

“No. That is exactly the mistake I want you to avoid. More serious possession and possession for the purpose of trafficking are different legal questions.”

FIFTH: DOES ONE KILOGRAMME MEAN TRAFFICKING?

“Under section 5(9), possession of MORE THAN ONE KILOGRAMME of cannabis engages a statutory presumption that it is possessed for the purpose of trafficking, unless the contrary is proved. But trafficking may also be alleged on other evidence even where the amount is less.”

Pearl sat upright. “So if the police say 'one kilo', my son going straight to prison?”

“Absolutely not. A statutory presumption is not an automatic conviction. The prosecution must prove the case in accordance with the law, and the defence can contest the evidence and address any presumption.”

George picked up his fish scale. “Counsel, for the record, this one goes up to twenty kilos.”

Pearl turned towards him. “George, if you don't put down that scale, you going to need a lawyer for your marriage!”

SIXTH: WHAT WILL THE COURT REALLY LOOK AT?

Counsel explained that the quantity is important, but it is not the whole case. The court may need to consider what substance an analyst identified, the reliable weight, the particular charge, where the packages were found, who knew of them, who had control, and evidence concerning intended sale, delivery, transportation or distribution. Special statutory rules and presumptions may apply.

“And because the packages were found on a BOAT,” counsel added, “we must be especially careful about any allegation concerning transport, importation or exportation. Being on a boat is not, by itself, proof that every passenger committed a trafficking offence.”

“But what if the packages weren't my son's?” Pearl asked quietly.

“Then that raises questions about knowledge, possession and control. We examine the evidence, the relevant statutory provisions and the possible defence. We do not decide guilt by the loudest rumour in the village.”

Miss Pearl looked relieved. “And we still waiting for the proper case papers and analysis?”

“Yes. Until we see what the prosecution actually relies upon, we cannot responsibly tell you the final weight, offence or outcome.”

AND THEN MAMMY ASKED THE BIGGEST QUESTION...

“Counsel, just one more thing. If it wasn't cannabis in that cooler at all?”

The attorney raised an eyebrow. “Then the identification of the substance becomes even more important.”

George cleared his throat. “Pearl, you remember the other cooler?”

Pearl stared at him. “GEORGE... WHAT OTHER COOLER?!”

TO BE CONTINUED — PART 4: ‘THE COCAINE WASN'T MINE, OFFICER!’

THE LAW BEHIND THE LAUGHTER

Cannabis possession quantities under the Dangerous Drugs Act, Chap. 11:25, as amended by Act No. 24 of 2019: not more than 30 g — statutory possession exemption; more than 30 g up to 60 g — summary offence, with fixed-penalty provisions and a TT$50,000 statutory maximum on summary conviction; more than 60 g up to 100 g — summary offence with a TT$75,000 statutory maximum; more than 100 g — more serious possession offence which may carry substantial fines and imprisonment; more than 1 kg — rebuttable presumption of possession for the purpose of trafficking under section 5(9).

Cannabis resin has different thresholds: 5 g, 10 g and 14 g in the amended possession provisions, and more than 165 g in the trafficking presumption. Special restrictions concerning public use, schools, driving and other trafficking conduct must be considered separately.

The summary or indictable route depends on the offence charged and applicable law. For serious indictable charges, AJIPAA provides the High Court initial-hearing and sufficiency-hearing procedure. Every accused remains presumed innocent unless proved guilty.

Legal sources: Dangerous Drugs (Amendment) Act, 2019, Act No. 24 of 2019 — https://www.ttparliament.org/wp-content/uploads/2022/01/a2019-24g.pdf ; Legal Aid and Advisory Authority, The Decriminalization of Marijuana — https://laaa.org.tt/news-and-events/148-the-decriminalization-of-marijuana-the-dos-and-donts

This story and all its characters are fictional. It is for general legal education and is not advice on any individual charge, court proceeding or defence.

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