Is Cannabis / THC legal in Trinidad and Tobago?

Also known as: weed, marijuana

Legal status

Cannabis is a dangerous drug under Chap. 11:25 as a First Schedule narcotic. Item 3 of the «LIST OF NARCOTIC DRUGS» reads «Cannabis, Cannabis sativa, Cannabis sativa L, their preparations, derivatives and similar synthetic preparations, as for example:», with the examples «(1) Cannabis resin», «(2) Cannabis (marihuana)» and «(3) Cannabinol», and the Second Schedule's Schedule I table separately prints «THC», «Tetrahydrocannabinols, the following isomers:». Those entries are in the consolidation updated to 31 December 2016. The Dangerous Drugs (Amendment) Act, 2019 (Act No. 24 of 2019), in operation from 23 December 2019, left the listing in place; it inserted a definition of «cannabis» as «the plant of the genus Cannabis, whether growing or not», excluding cannabis resin, stalk fibre, seed oil or cake and sterilised seeds, defined «cannabis resin» separately, and took small quantities out of the possession offence.

Consequences if caught

Capital exposure: none. No section of Chap. 11:25, and nothing in Act No. 24 of 2019, prints death as a penalty. Since Act No. 24 of 2019, section 5(2)(f) and (g) take out of the section 5(1) offence a person holding not more than «thirty grammes of cannabis» or «five grammes of Cannabis resin», or cultivating or holding not more than «four growing plants of the genus Cannabis». More than thirty and not more than sixty grammes of cannabis, or more than five and not more than ten grammes of resin, is an offence under section 5(2A), liable on summary conviction to «a fine of fifty thousand dollars», and smoking or using cannabis or cannabis resin in a public place is an offence under section 5A(1) with the same fine. For both offences section 5B(2) requires a police officer to issue a fixed penalty notice, in the form Legal Notice No. 395 of 2019 prescribes; section 5B(16) sets the fixed penalty at «two thousand dollars or such other amount as the Minister may, by Order subject to negative resolution of Parliament, prescribe», and no such Order was among the instruments read; and under section 5B(11) and (14) a person who pays «shall not be liable to any sanction» and cannot then be convicted of the offence. More than sixty and not more than one hundred grammes, or more than ten and not more than fourteen grammes of resin, is an offence under section 5(2B) with a fine of «seventy-five thousand dollars». Above those bands the section 5(1) offence applies. Possession under section 5(1) is punishable upon summary conviction by a fine of two hundred and fifty thousand dollars and imprisonment for five years, and upon conviction on indictment by a fine of one million dollars and imprisonment for fifteen years, the figures section 6(a) of Act No. 24 of 2019 put in («two hundred and fifty» in paragraph (a); «one million dollars and to imprisonment for fifteen years» in paragraph (b)). Section 5(9)(e), as amended, deems a person «other than a person referred to in subsection (2)» found in possession of more than «one kilogramme of cannabis» or «one hundred and sixty-five grammes of cannabis resin» to have it for the purpose of trafficking unless the contrary is proved. Cultivating, gathering or producing a plant of the genus Cannabis beyond the four plants exempted by the subsection (3A) that Act No. 24 of 2019 inserted is an offence under section 5(3): the consolidation printed paragraph (a) as «upon summary conviction to a fine of fifty thousand dollars and to imprisonment for ten years», in which section 6(d) substitutes «seven hundred and fifty» for «fifty», and paragraph (b) as «upon conviction on indictment to a fine of one hundred thousand dollars or where there is evidence of the street value of the marijuana, ten times the street value of the marijuana, whichever is greater or to imprisonment for twenty-five years to life», in which section 6(d) substitutes «two million» for «one hundred thousand» and «plant» for «marijuana» and deletes «twenty-five years to». Trafficking, or possession for the purpose of trafficking, is an offence under section 5(4), and section 5(5) as printed in the consolidation makes the offender «liable upon conviction on indictment to a fine of one hundred thousand dollars or, where there is evidence of the street value of the dangerous drug, three times the street value of the dangerous drug, whichever is greater, and to imprisonment for a term of twenty-five years to life»; section 6(f) of Act No. 24 of 2019 substitutes «three million» for «one hundred thousand» and «ten» for «three», and deletes «a term of twenty-five years to». Section 5(7) deems a person «other than a person referred to in subsection (2)» found in possession of a dangerous drug «on any school premises or within five hundred metres thereof» to have it for the purpose of trafficking unless the contrary is proved; the consolidation makes the person «liable upon conviction on indictment to a fine of one hundred and fifty thousand dollars or, where there is evidence of the street value of the dangerous drug, three times the street value of the dangerous drug, whichever is greater, and to imprisonment for a term of thirty-five years to life», and section 6(h) of Act No. 24 of 2019 substitutes «three million» for «one hundred and fifty thousand» and «ten» for «three» and deletes «a term of thirty-five years to», while section 6(j) inserts «and section 5C» after «subsection (7)» in the section 5(8) definition of school premises and adds «nursery, kindergarten, day care centre, early childhood care and education centre, Children’s Home,» to the premises counted. Under section 5(7A) the Director of Public Prosecutions may, at the preliminary enquiry, «elect to proceed with the matter summarily», and if the accused consents section 5(7B) makes the person liable to a fine of seven hundred and fifty thousand dollars or, where there is evidence of the street value of the dangerous drug, three times the street value, whichever is greater, and to imprisonment for a term of ten years, the fine being the figure section 6(i) of Act No. 24 of 2019 put in. Section 5(7) excludes «a person referred to in subsection (2)», and the holders of the small amounts in section 5(2)(f) and (g) are such persons, so on that reading, which is not printed text, section 5(7) reaches cannabis only above thirty grammes, five grammes of resin or four plants. Section 5C(b) separately makes it an offence to have any cannabis or resin on a school bus or on premises where children are present for education, sport or cultural activity, and section 5C(c) to operate a motor vehicle, aircraft or ship under its influence, each liable on summary conviction to a fine of «two hundred and fifty thousand dollars and to imprisonment for five years». Section 61 provides that section 68(2) and (3) of the Interpretation Act apply only to «the penalties prescribed for possession of dangerous drugs under this Act»; section 68 was not read for this cell.

If prescribed or medical

The instruments read print no medical cannabis prescription scheme. Act No. 24 of 2019, section 5, widened the Minister's licence power in section 4(b) to cultivation of any «plant of the genus Cannabis», and section 6(d) lets a cultivation licence come from section 4 «or any other written law»; no such other law was among the instruments read. The general section 5(2)(c) exemption for a dangerous drug obtained for medicinal purposes on a prescription applies to the cannabis entries as to any First Schedule drug. The only Regulations under section 57 among the instruments read, the Dangerous Drugs (Fixed Penalty Notice) Regulations, 2019 (Legal Notice No. 395 of 2019), prescribe the form of a fixed penalty notice and say nothing on prescriptions or medicinal possession.

Documentation

The exempt amounts are measured by weight and by plant count, so the quantity held is what decides whether any offence arises. Possession of cannabis or resin on a school bus or on premises where children are present for education, sport or cultural activity is a separate offence under section 5C(b), and the section 5A smoking offence turns on «public place», which Act No. 24 of 2019 defines to exclude premises in actual use as a dwelling that are not used for commercial purposes.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Trinidad and Tobago’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.