AG: Records of 45 marijuana offenders expunged

Attorney General Reginald Armour. - File photo by Jeff K Mayers

ATTORNEY General Reginald Armour has said 45 people who were formerly incarcerated by the police with respect to marijuana possession, have had this offence expunged from their records, in accordance with the provisions of the Dangerous Drugs Act.

He made this disclosure in the Senate on September 9, in response to a question from Independent Senator Dr Paul Richards.

Armour reminded senators that amendments to the Dangerous Drugs Act came into effect in December 2019.

He said these amendments included the creation of a tiered penalty system with respect to the quantity of marijuana and marijuana possession.

Armour added, "Any offence on the criminal record of a person prior to the commencement of the act for the possession of not more than 100 grammes of cannabis (marijuana) or not more than 14 grammes of cannabis resin shall be expunged from the record by the commissioner of police (CoP)."

The Office of the Attorney General and Legal Affairs, he continued, sought information from various stakeholders to find out whether anyone who was charged with the offence he referred to, made applications under the act to have that offence removed from their criminal records.

Armour said the police advised that 45 people who were formerly incarcerated by them for this offence applied to have their records expunged and their applications were approved.

He added that one person's application has not been approved because clarification is being sought "on the quantity of drugs for which the charge was laid."

With respect to people who are in police custody for marijuana possession, Armour said there have been "no applications by inmates for expungement of records."

Armour also reported to senators on information received by his ministry from the prison service, Judiciary and the Director of Public Prosecutions (DPP) on this matter.

He said the prison service "has informed us that since the implementation of the act, the warrants department of the prison service has not received any instructions to indicate that inmates who were arrested and charged with possession of marijuana and brought into prison custody, in accordance with a court order, have been pardoned, had their matters dismissed or have been released as a result of the application of the act and its principles."

Armour added that the Judiciary indicated that it has no information on this matter in its database while the Office of the DPP said it is not in possession of such information.