Sacramental Cannabis Bill 2019

12th November, 2019 – Third Draft OBJECTS AND REASONS ….. This Bill would provide for a person who is an adherent of the Rastafarian religion and for Rastafarian congregations to use cannabis as a sacrament in worship at a place of worship, and for related purposes.

Arrangement of Sections

Short title

Interpretation

Use of Cannabis as a sacrament

Application for sacramental use permit

Sacramental use permit

Exempt event permit

Terms and conditions

Securing premises

Commercial purposes

Register

Inspection of premises

Suspension or revocation of permits

Change of Particulars

Offences

Amendment of enactment in the Second Schedule

An Act to provide for a person who is an adherent of the Rastafarian religion and for Rastafarian congregations to use cannabis as a sacrament in worship at a place of worship, and for related purposes.

ENACTED by the Parliament of Barbados as follows:

Short title
This Act may be cited as the Sacramental Cannabis Act, 2019.

Interpretation

In this Act, “cannabis” has the meaning assigned to it by section 2 of the Drug (Abuse, Prevention and Control) Act, Cap. 131;
“exempt event” means an event granted a permit under section 6; “exempt event permit” means a permit granted under section 6; “minor” means a person who is under 18 years of age; “religion” means the moral system of beliefs practiced or followed by a person; “religious body” means a group or association of persons who are adherents of
the same religion and who elect to worship or practice their religion as a group or association; “permit” means sacramental use permit or exempt event permit, as the case may be; “place of worship” means any premises and the buildings thereon used as a place of worship for adherents of the Rastafarian religion; “public place” means an indoor or outdoor area, whether privately or publicly owned, to which the public has access by right or by invitation, expressed or implied, whether by payment of money or not; “sacrament” means an item, thing or object, which is venerated or revered, as it is believed to be vital or essential to practice of the religion; “sacramental use permit” means a permit granted under section 4.

Use of Cannabis as a sacrament

A person who is an adherent of the Rastafarian religion shall in the enjoyment of his freedom of religion be permitted to use cannabis as a sacrament in an assembly of or in association with other Rastafarians in a place of worship in accordance with the provisions of this Act.

Application for sacramental use permit

A person who is responsible for the administration or management of a place of worship may apply to the Minister for the grant of a sacramental use permit to allow persons of that religious body to use cannabis for sacramental
purposes at that place of worship.

A person desirous of making an application under subsection (2) shall apply in the form set out as form 1 of the First Schedule.

A person whose application is approved by the Minister shall be granted a permit in the form set out as form 2 in the First Schedule.

The Minister shall notify the Commissioner of Police by an instrument in writing where a permit has been granted under subsection (2).

A permit granted under this section shall remain valid unless the place of worship is no longer being used as a place of worship for Rastafarian religious body.

Sacramental use permit

A permit granted under section 4(2) grants permission for the cultivation and harvesting of cannabis plants on the premises of the place of worship for the sacramental use of persons who attend that place or worship; the possession, preparation or processing of the cannabis for sacramental use at the place of worship; the smoking or other sacramental use of cannabis at the place of worship; and the storage, destruction, or disposal of cannabis at the place of worship.

The permit granted under section 4(2) shall not allow the transportation of cannabis to and from the place of worship; the possession, or supply of cannabis outside of the place of worship; or the growth of cannabis in close proximity to any school.

Exempt event permit
A person in charge of a place of worship issued a sacramental use permit under this Act, may make an application for an exempt event permit in the form set out as form 3 in the First Schedule to observe an occasion of worship
or fellowship at a public place.

A person whose application is approved by the Minster shall be granted an exempt event permit in the form set out as form 4 in the First Schedule.

A permit granted under subsection (2) shall only be valid for the date specified therein.

A permit granted under subsection (2) shall grant permission for persons attending the exempt event to use cannabis in the public place being used for the event; transport no more than 12 grammes of cannabis to the public place for
the event; or supply or give cannabis for sacramental purposes at the event.

The Minister shall notify the Commissioner of Police by an instrument in writing where a permit has been granted under subsection (2).

Terms and conditions

Subject to the provisions of this Act, the Minister may grant a sacramental use permit under this Act subject to such terms and conditions as the Minister considers necessary to secure the cannabis from public access and public visibility; to protect minors; or in the interest of public safety, public health or public morality.

Subject to the provisions of this Act, the Minister may grant an exempt event permit under this Act subject to such terms and conditions as the Minister considers necessary to protect minors; or in the interest of public safety, public health or public morality.

Securing premises

A person who is granted a sacramental use permit shall implement such measures as the Minister shall specify in that permit to secure the cannabis on the premises of the place of worship in such a manner as to ensure that the
cannabis is secured from public access and public visibility or in the public place, as the case may be.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to a term of imprisonment of 2 years or to both.

Commercial purposes

A person who attends a place of worship granted a sacramental use permit shall not
sell or offer for sale cannabis on the premises of that place of worship; sell or use in any commercial venture or for any commercial purpose cannabis grown at a place of worship; or attends an occasion for which an exempt event permit has been granted shall not sell or offer for sale cannabis at that event.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to a term of imprisonment of 2 years or to both.

Register

The Minister shall ensure that a register is kept in electronic form or otherwise, to record each issue of a sacramental use permit or an exempt event permit to a person for the benefit of a place of worship, and the register shall also
record such other particulars with respect to place of worship, or the exempt event as the Minister may require.

Inspection of premises

The Minister may for the purposes of making a determination under section 4(3) or section 6(2); or examine any premises granted a sacramental use permit or exempt event permit to ensure compliance with this Act appoint inspectors to inspect any place of worship seeking a permit or granted a permit under this Act.

An inspector appointed under subsection (1) shall be eligible for such remuneration or other allowances, as the Minister may determine.

An inspector appointed under subsection (1) shall report to the Minister within 4 days of being required to do any inspection under subsection (1).

Suspension or revocation of permits

The Minister may suspend or revoke any permit granted and issued under this Act
where there is a breach of any provision of this Act; where there is a breach of any term or condition attached to the permit; or in the interest of public safety, public health or public morality.

Where the Minister suspends or revokes a permit he shall by instrument in writing notify the person in charge place of worship of the suspension or revocation and that the cannabis on the premises will be harvested and disposed
of by the Commissioner of Police; and the Commissioner of Police of the suspension or revocation and request
that he attend the premises and harvest and dispose of any cannabis thereon, and submit a report on the completion of the same.

In the case of a suspension the Minister shall by the instrument in writing issued under subsection (2) notify the person in charge of the place of worship of the time that the suspension will end.

Change of Particulars

The person granted a sacramental use permit under section 4(2) or his successor, shall in circumstances where the person in charge of a place of worship changes, notify the Minister by an instrument in writing of the change of
leadership, and that notification shall state the full name of all persons who are involved in leadership of the church as well as their contact information such as residential address, residential telephone number, celluar telephone number and email address.

Offences
No person shall transport cannabis to or from a place of worship unless this occurs on a date for which an exempt event permit has been granted; import cannabis into Barbados or export cannabis from Barbados for sacramental purposes; be in possession of, supply or handle cannabis outside of a place of worship unless permitted to do so in accordance with the provisions of this Act; or permit or allow a minor to use cannabis as a sacrament.

A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $10 000 or to a term of imprisonment of 2 years or to both.

Amendment of enactment in the Second Schedule

The enactment specified in the first column of the Second Schedule is amended in the manner specified in the second column of the Second Schedule.

FIRST SCHEDULE
(Sections 4 and 6)
FORMS
FORM I
(Section 4(2))
SACRAMENTAL CANNABIS ACT, 2019
APPLICATION FOR SACRAMENTAL USE PERMIT
1. Name of place of worship*
3. Address of place of worship :
3. Full name of person (individual) applying:
4. Address of applicant:
5. Email address of applicant (optional):
6. Phone Numbers (home, celluar, work) of applicant:
National Identification number of applicant (attach a copy of the
identification card):

State how many people attend this place of worship:
List the full name of at least 5 people (other than applicant) who are
principal officers, people involved in administration or management for this
tabernacle, as well as their national identification number, residential address,
home and cell number and email address?

Contact 1:
Contact 2:
Contact 3:
Contact 4:
Contact 5:

I ____________________ hereby give permission for the Minister to make such enquires regarding me, as well as with respect any information herein regarding the place of worship as may be necessary for the purposes of the Act.

Signature of applicant Date

FORM 2
(section 4(3))
SACRAMENTAL CANNABIS ACT, 2019
SACRAMENTAL USE PERMIT
Permit No.
Name of ( place of worship )
I hereby certify that the above-mentioned ( name of place of worship ) is hereby by granted permission to use cannabis for sacramental purposes in the practice of the Rastafarian religion at this place of worship.
The place of worship known as ________________________ which is located at ____________________ can only use cannabis in accordance with provisions of the Sacramental Cannabis Act, 2019, and only from the date of the issue of this permit.

Terms and Conditions of this Permit

Full name
Minister responsible for Legal Affairs
Date of Issue

FORM 3
(Section 6(1))
SACRAMENTAL CANNABIS ACT, 2019
EXEMPT EVENT PERMIT
1. Name of place of worship
2. Permit no: ______________
3. Address of place of worship:
3. Full name of person (individual) applying:
4. Address of applicant:
5. Email address of applicant (optional):
18
6. Phone Numbers (home, celluar, work) of applicant:
7. National Identification number of applicant:
Please be advised that this permit allows the use of cannabis as sacrament only. It DOES NOT grant permission to use a specific venue or remove the requirement to meet the necessary legal requirements to use that venue or
place.

NOTE.
8. What event is this permit being sought for?
Where will the event be held, and what is the start time and estimated end time?
9.
10. Will a fee be charged for the event and if so how much?
11. How many persons do you anticipate attending?

I ____________________ hereby give permission for the Minister to make such enquires regarding me, any information herein or the place of worship as may be necessary for the purposes of the Act.

Signature of applicant Date

FORM 4
(section 6(2))
SACRAMENTAL CANNABIS ACT, 2019
EXEMPT EVENT PERMIT
Permit No.
Name of place of worship
I hereby certify that the above-mentioned (name of place of worship) is hereby by granted permission to use cannabis for sacramental purposes in the practice of the Rastafarian religion at an event to be held on __________ at ________________________ which is located at ____________________.

This permit only allows the use cannabis in accordance with provisions of the Sacramental Cannabis Act, 2019 , for the date for which this permit is valid. It does not grant permission to use a venue. You must make the necessary arrangements for use of your venue of choice and comply with any legal requirements to use that venue.

Terms and Conditions of this Permit
Full name
Minister responsible for Legal Affairs
Date of Issue

SECOND SCHEDULE
(Section 15)
Consequential Amendments
Enactment this Amendment
Drug Abuse (Prevention and Control) Act, Cap. 131
In section 5(1) inserting the following words after the words “section 12 ,”:“ or the Sacramental Cannabis Act, 2019, ”
In section 6 (1) inserting the following words
after the words “section 12 ,”: “ or the Sacramental Cannabis Act, 2019, ”

In section 9(1) deleting the word “It” and substituting the following words:
“ Subject to the provisions of the Sacramental Cannabis Act, 2019, it”.

In section 11(1) inserting the following words after the words “section 12 ,”: “ or the Sacramental Cannabis Act, 2019, ”
In section 18 by inserting immediately after subsection (3) the following subsection: “(3A) Where an exempt event permit is granted in accordance with the Sacramental Cannabis Act, 2019, no person attending the event to which the permit applies shall be liable under this section.”.

In Section 20(1) by deleting the word “No” and substituting the following:
“ Subject to the provisions of the Sacramental Cannabis Act, 2019, no”.

This bill can be found on the Barbados Parliament’s website. https://www.barbadosparliament.com/uploads/bill_resolution/1daf4c806778c75bd8069009b92fe4e5.pdf

 

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