MINISTERS want more time to develop “fully informed proposals” about the recreational use of cannabis before adopting any new legislation.
Deputy Tom Coles lodged a proposal last month calling for the personal possession and recreational use of cannabis to be decriminalised.
He argues this move would “protect Islanders” and better align policy with the government’s substance-use strategy of “harm reduction”.
He wants the legislation to be in place by November 2025. However, the government has lodged an amendment to the proposal, requesting more time to explore a wider range of options, such as legalising or regulating cannabis.
This, the Council of Ministers argues, would allow for the development of “fully informed” proposals while considering matters such as child protection and cannabis supply issues.
The council added that “effective, safe legislation cannot be delivered within a November 2025 time-frame”.
A report accompanying the amendment states: “The Council of Ministers recognises the need to address this matter, including giving consideration to the harms that can arise from criminalising users of cannabis, whilst also considering the need to protect children and the wider community.
“However, the Council of Ministers proposes several amendments to support more informed decision-making.”
The Council of Ministers will have a free vote on the issue when it is debated next week.
In the run-up to the debate, some ministers have expressed support for relaxing the laws, with Health Minister Tom Binet saying earlier this year that decriminalisation “would make a lot of sense” to avoid “giving kids criminal records”.
And Chief Minister Lyndon Farnham said in March that although he was “undecided”, he was “not against decriminalisation” as long as there was enough evidence to support the move.
However, Deputy Sir Philip Bailhache, a former Attorney General who has also served as a Deputy Bailiff and Bailiff, has raised a range of concerns, particularly in relation to the effect the drug could have on mental health.
“We have spent huge efforts as a community to discourage the use of tobacco on the grounds of its impact upon people’s health and it seems to me foolish to leap into talking about the decriminalisation of cannabis without knowing much more than we do about all the implications,” he said.
The debate comes after a recent audit revealed a “significant” difference in the prescribing levels of medicinal cannabis between Jersey and England – with 6% of the Island’s working population holding a prescription, compared to just 0.05% in England.
Deputy Coles argued that this situation created a “two-tiered system”, under which recreational and medicinal uses were treated differently.
In another amendment to the proposition, Deputy Inna Gardiner has called for an update to the Island’s “archaic” drugs laws, which she said categorise cannabis oil – often used for medical reasons – at the same level as heroin.
Under Jersey’s Misuse of Drugs Law, dried cannabis flower and resin are listed as class B controlled substances.
However, cannabis extracts containing cannabinols, which are used to treat conditions such as chronic pain and insomnia, are classified as class A drugs – the same category as heroin and crack cocaine – unless prescribed by a doctor.
Deputy Gardiner wants to remove what she calls the “archaic distinction” in Jersey law between cannabinol and the plant form.
If the move is successful, it would align Jersey’s laws with those of the UK, where all cannabis products are given class B status.
