Britain blocks Bermuda Territory’s legalization of cannabis

The Royal Gazette explained that on September 6, the Governor and Commander-in-Chief of Bermuda, Rena Lalgie, was “briefed” by the UK’s Foreign Secretary to withhold royal assent to the Cannabis Licensing Act. “The Secretary of State for Foreign, Commonwealth and Development Affairs concluded that the Bill as it stands does not comply with the obligations that the United Kingdom and Bermuda have under the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances received. I have briefed the Prime Minister and communicated the UK’s continued desire to work with Bermuda on reforms within our existing international obligations,” Lalgie said.

According to the UK Parliament, royal assent is the final approval of a bill. “Once a bill has gone through all the parliamentary stages in both houses, it is ready to receive royal assent,” the UK Parliament said.

This news came on the same day that Liz Truss became British Prime Minister (PM), replacing former Prime Minister Boris Johnson.

Media reports that the refusal to approve Bermuda’s draft law has created tensions in Britain-Bermuda relations. Bermuda Attorney General Kathy Lynn Simmons stated that this will not be the end for cannabis in the country. “Disappointing but not surprising given the limitations of our constitutional relationship with the UK government and their archaic interpretation of the Narcotics Conventions,” Simmons said. “The people of Bermuda have democratically expressed their desire for a regulated cannabis licensing system following strong approval at the ballot box and an extensive public consultation process. The Government of Bermuda intends to further advance this initiative to the fullest extent of its constitutional powers, consistent with our commitment to the voting platform for the 2020 general election.”

The Bermuda House of Assembly approved the Cannabis Licensing Act in March 2022, which then went to Governor Lalgie for royal assent. However, not all lawmakers supported the cannabis law.

Bermuda has two political parties: the One Bermuda Alliance and the Progressive Labor Party (PLP). A Bermuda Alliance shadow secretary of the interior, Scott Pearman, describes the bill as “deeply flawed”. In April he said there was a “high probability” that Lalgie would not grant royal assent and the bill would not go into effect. Pearman explained that the law is a flagship initiative of current PM Edward Burt, who is also the leader of the PLP, and “nearly half of his PLP MPs did not vote for the law”.

“It was deeply flawed – no matter what position you take on the cannabis debate, this particular bill was not for you. The PM has been mindful of the UK’s treaty obligations throughout,” Pearman continued. “His own Attorney General made a point of reference to the UK’s treaty obligations in Parliament when the bill was first debated in February 2021. The Prime Minister then publicly stated in November 2021 that he had no intention of amending his bill to meet the UK’s obligations under the Conventions. It was like this [PM Edward] David Burt’s decision to move forward as he did rather than seek consensus and compromise. It should come as no surprise to anyone that this bill has not received royal assent. And it certainly shouldn’t come as a surprise to Premier Burt.”

Current Bermuda law states that no offense would be charged if a person is in possession of seven grams of cannabis or less, as required by the Misuse of Drugs Amendment (Cannabis Decriminalization) Act 2017. However, the law does not make it legal to “consume, grow, trade, or import cannabis in any quantity.”