Cannabis Possession

It is against the law for a person to be in possession of any amount of cannabis.  If you are caught breaking this law you can be criminally prosecuted.

Cannabis, like alcohol is a drug that young people often experiment with.  However, unlike alcohol, cannabis is illegal.  Cannabis use amongst teens and young people has long been a concern for parents and the community.  Unfortunately, experimentation with any illegal drugs can have serious health and social consequences and cannabis use, in particular has been known to lead to the use of more ‘hard’ drugs. 

Since teens have been known to be ‘risk takers’ if you are caught with cannabis the consequences can be detrimental.   In the wave of violent crime, the police have recently been afforded new stop and search powers which was the topic of discussion at a public forum held by the Centre for Justice as well as on radio talks shows.  With the increase in gun violence and unsolved murders, the police have had to crack down hard on reducing gun crime and solving crime. 

Young Person being stopped and searched

For these reasons, you may be stopped and searched under the new police and search powers.  But you are not involved in gun crimes so you need not be concerned, right?  That may be the case, but one of the unintended consequences of the police searches is that there is a rise of young people being caught with possession of cannabis regardless of the amount.  Therefore if you as a young person is arrested for possession of cannabis, you risk facing criminal consequences. 

One of the consequences is a criminal conviction.  Under the Young Offenders Act 1950 s.4, it is important to note that a person as young as 8 years of age can be convicted of a crime, although children between the ages of 8-13 will only be convicted it if it is proven that they had the mental capability to commit a crime at the time, otherwise children 14 and over will be deemed to have the capacity to commit a crime.

Once convicted, you will carry the burden of a criminal record.  You will have to answer “yes” when asked if you have ever been convicted of a crime on all future employment and college applications.  If you have attained the age of 16 years, on your conviction your name, photo, address and the school you attend will appear in the newspaper which can tarnish your reputation in such a small community.  In Bermuda, there is the likelihood that your name will also be added to the US stop list which will prevent you from entering the Unites States even to attend college or receive medical treatment.   And the above penalties are for a first time offence.

That said, it is understood that the police do have the discretion to deal with the possession of 3 grams of cannabis or less outside of the criminal justice system, but this is at their sole discretion.  Further, the courts have in the past been known to throw out cases of possession of small quantities of cannabis, but this is no guarantee.  Also Government is looking to introduce pre-court measures for persons caught with small amounts of cannabis so as to avoid being convicted.  However until this change transpires, it is important to note that possession of any amount of cannabis continues to be illegal. 

Although having your reputation tarnished is an inconvenience, probably the most difficult part of cannabis possession is the criminal conviction. If you have been arrested for possession of cannabis, it is extremely important that your parents contact an experienced defence lawyer for help. It would be very unfortunate for such an event to have a substantial impact on your future.

Important Note: This information was last updated in November 2012.  This is intended as general guidance only.  It must not be regarded as a definitive interpretation of the law.  Anyone in doubt should seek legal advice.