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Cannabis Clarity

Explore the New Laws related to Rastafari and Personal Cannabis Cultivation, Use & Possession in St Kitts & Nevis.

Cannabis in St Kitts & Nevis

The new cannabis regime legalizes religious and freedom of conscience cultivation, possession and use of cannabis. The Constitution protects freedom of conscience, including religious freedom. The High Court recognized Rastafari as a protected religion. Rastafari groups can now cultivate and use cannabis for sacramental purposes at their registered places of assembly.

The new laws also allow licensed individuals to possess limited amounts of cannabis, cultivate up to 5 plants, and smoke cannabis in designated public areas. Similar possession, cultivation and smoking outside of designated smoking areas without a license are ticketable offenses.

There are responsibilities for all individuals licenced or otherwise, including restrictions on driving under the influence and selling without a license. Minors are prohibited from cultivation and use. Designated smoking areas are regulated by the Chief Medical Officer, and a $500 ticket can be issued for smoking outside those areas.

 

 

 

Religious/Freedom of Conscience Cultivation, Possession & Smoking

It is LEGAL for a person who holds a licence issued under the Freedom of Conscience (Cannabis) Act to:

  • Cultivate up to 5 cannabis plants in a secured area within their private premises
  • Possess up to 56 grams/2 ounces of cannabis in certain public places
  • Possess up to 15 grams/0.5 ounces of cannabis resin in certain public places
  • Smoke cannabis or cannabis resin in areas designated for smoking pursuant to the Smoking (Designated Areas) Act

Rastafari Group Cultivation, Possession & Smoking

It is LEGAL for adult members of a Rastafari Group holding a registration certificate issued under the Rastafari Rights Recognition Act, 2023 to grow, harvest, dry, trim, cure, possess and smoke cannabis as a sacrament for upliftment or edification at a registered place of assembly.

Decriminalization of Cultivation, Possession & Smoking of Cannabis

While it is no longer a criminal/jailable offence, a person who does not hold a licence issued under the Freedom of Conscience (Cannabis) Act can receive a TICKET if they:

  • Cultivate up to 5 cannabis plants in a secured area within their private premises (EC$50 ticket)
  • Possess up to 56 g /2 oz of cannabis in certain public places (EC$50 ticket)
  • Possess up to 15 g /0.5 oz of cannabis resin in certain public places (EC$50 ticket)
  • Smoke/vape cannabis or cannabis resin outside areas designated for smoking pursuant to the Smoking (Designated Areas) Act (EC$500 ticket)

Responsibilities of ALL Persons Cultivating, Possessing or Smoking Cannabis

NO undertaking of any task, under the influence of cannabis, if doing so would constitute negligence, professional malpractice, or professional misconduct.

Responsibilities of ALL Persons Cultivating, Possessing or Smoking Cannabis

NO cultivation of cannabis UNLESS in a secured area within a private residence so as to prevent minors or persons vulnerable to substance abuse from accessing such plants or any other unauthorized access to such plants.

Responsibilities of ALL Persons Cultivating, Possessing or Smoking Cannabis

NO person under the age of 18 (minors) shall cultivate, possess or smoke cannabis.

Responsibilities of ALL Persons Cultivating, Possessing or Smoking Cannabis

NO selling of cannabis unless licenced to do so by the Medicinal Cannabis Authority.

Responsibilities of ALL Persons Cultivating, Possessing or Smoking Cannabis

NO smoking of cannabis in a private residence that is used at any time to provide licensed child care or other similar social service care during hours of operation.

Responsibilities of ALL Persons Cultivating, Possessing or Smoking Cannabis

NO driving whilst under the influence of cannabis.

Responsibilities of ALL Persons Cultivating, Possessing or Smoking Cannabis

NO possession or smoking of cannabis on a school bus, school premises or at any private residence that is located within 300 feet of a school, during regular hours of operation of the school.

Responsibilities of ALL Persons Cultivating, Possessing or Smoking Cannabis

NO smoking of cannabis outside designated smoking areas or at registered places of assembly pursuant to the Rastafari Rights Recognition Act, 2023.

Responsibilities of ALL Persons Cultivating, Possessing or Smoking Cannabis

NO storing, handling or otherwise keeping cannabis in such a manner so as to allow minors or persons vulnerable to substance abuse to access cannabis.

NO storing, handling or otherwise keeping cannabis in such a manner so as to allow unauthorized access to such cannabis.

Media

National Assembly Sitting. June 20th, 2023

Frequently Asked Questions

The Constitution protects freedom of conscience, including freedom of thought, religion, and belief. The High Court has recognized Rastafari as a religion entitled to constitutional protection. Cannabis is also a judicially accepted sacrament.

The High Court ruled that the previous laws prohibiting possession and cultivation of cannabis without exemption for religious use by Rastafari members infringed upon constitutional rights. It stated that the blanket prohibition on personal cannabis use by adults in private was not justified solely based on health risks.

Smoking or vaping cannabis or cannabis resin outside areas designated for smoking, as defined by the Smoking (Designated Areas) Act, is not allowed. A ticket of EC$500 may be issued for non-compliance. Persons can smoke or vape at their private residence.

Individuals with a license under the Freedom of Conscience (Cannabis) Act can possess up to 56 grams (2 ounces) of cannabis or 15 grams (0.5 ounces) of cannabis resin in certain public places. They can also cultivate up to 5 cannabis plants in a secured area within their private premises and smoke cannabis or cannabis resin in areas designated for smoking.

Yes, adult members of a Rastafari Group holding a registration certificate under the Rastafari Rights Recognition Act, 2023 are legally allowed to grow, harvest, dry, trim, cure, possess, and smoke cannabis as a sacrament at a registered place of assembly.

If a person without a license issued under the Freedom of Conscience (Cannabis) Act possesses up to 56 grams (2 ounces) of cannabis or 15 grams (0.5 ounces) of cannabis resin in certain public places or cultivates up to 5 cannabis plants in a secured area within their private premises, they can be ticketed. They will no longer be charged with a criminal offence or risk having a criminal record.

These responsibilities include not driving under the influence of cannabis, not selling cannabis without the appropriate license, not allowing minors or vulnerable persons to access cannabis, and complying with regulations related to designated smoking areas. There are also restrictions on smoking cannabis in certain locations such as school premises and childcare facilities.

The Chief Medical Officer is responsible for approving applications for designated smoking areas at business places or events.

A ticket of $500 can be issued if a person smokes outside of a designated smoking area, regardless of whether it is cannabis, tobacco, or any other substance. Designated smoking areas must be clearly marked with signage.

The Ministry of Ecclestiatical and Faith-Based Affairs, Princes Street, Basseterre, St Kitts.

EC$100 per year. However, persons who apply before December 22, 2023 pay no fee.

You cannot possess cannabis at schools and all other educational institutions; school buses or other educational transportation; hospitals; health centers; churches or other religious establishments except as is permitted under the Act or any other law (except Rastafari places of assembly); police stations or training facilities; defence force camps or training facilities; correctional facilities whether publicly or privately operated; community centres; Government and Statutory Corporation offices; Motor vehicles owned by Government or a Statutory Corporation. You can only smoke cannabis in public in areas designated for smoking by the Chief Medical Officer.

The only way you can lawfully buy cannabis is from a dispensary licensed by the Medical Cannabis Authority. Persons selling cannabis without such a license commit a criminal offense punishable by fine or imprisonment.