Plans to force a debate that may have paved a way towards Guernsey legalising and regulating cannabis could have risked the island’s constitutional relationship with the UK.
The debate is likely to be called off as soon as it begins this week but Guernsey’s leading political committee said it wanted its position on the matter put on record anyway.
In a letter published this week, Policy and Resources warned that if Guernsey tried to advance its own cannabis laws ahead of any future changes in the UK, then the UK could refuse to recommend the island’s new law for Royal Assent.
P&R gave examples of the UK Government blocking changes to cannabis legislation being changed in Bermuda and the British Virgin Islands.
This could be particularly pertinent if Guernsey were to try and pursue the legalisation of cannabis – but it would be easier for the island to decriminalise use of the plant, outside of medical prescriptions, said P&R.
While P&R was preparing its response to the Requête that was due to be debated this week, the lead requerant had already decided to withdraw it from the States schedule.
By the end of next year, the requerants wanted a working group to report back with clear policy options and a recommended model for a regulated cannabis regime.
It also called for an outline of the legislative and regulatory changes that would be required, an assessment of costs, risk, and mitigations, and a proposed timetable for making the legal changes.
Deputy Marc Leadbeater (pictured above) was leading the Requête which asked for “a carefully designed, government-regulated framework (that) could allow the States to take control of factors that are currently unmanaged, including access, quality, strength, and public health messaging, while enabling a clearer focus on harm reduction, youth protection, and enforcement against genuinely harmful criminal activity”.
Deputy Leadbeater has lodged a motion to withdraw the Requête from debate following recent controversy over his personal involvement in the cannabis sector.
The President of Home Affairs has previously been involved with a company called House of Green, which operates the retail business Bailiwick Botanicals.
He has been accused of concealing the fact that he signed his shares over to his dad. A Code of Conduct complaint has been lodged against him and is now being investigated.
While that is ongoing he has decided to withdraw the Requête from debate this month. That decision was made before P&R raised the constitutional concerns above.
The States will have to decide this week whether to accept the Motion to Withdraw.
The debate could continue without Deputy Leadbeater’s involvement, but that is unlikely.