March 3, 2021

Madam President, I
hereby present for information of the Senate the following reports: the Annual Report and Financial
Statements of the Trustees of the National Sports
Centre for the Fiscal Year ending 31st of March 2012 ;
the Annual Report and Financial Statements of the
Trustees of the National Sports Centre for the Fiscal Year ending the 31
st of March 2013 ; the Annual Report and Financial Statements of the Trustees of the National Sports Centre for the Fiscal Year ending the
31
st of March 2014; and the Annual Report and Financial Statements of the Trustees of the National Sports
Centre for the Fiscal Year ending the 31st of March
2015.
Senators can access e- copies of the reports
on their tablets or on the Parliament website.
Thank you, Madam President.

The P resident: Thank you, Minister Peets.

NOTICES OF MOTION

The President: There are none. PETITIONS

The President: There are none.

STATEMENTS

The President: The first Statement is the Bermuda
National Sports Centre Audits 2012 to 2015. And that
is also in the name of the Senator, Hon. Dr. E. G.
Peets.
You have the floor, sir.

BERMUDA NATIONAL SPORTS CENTRE
AUDITS 2012 TO 2015

Thank you, Madam
President. Today I wish to table the National Sports
Centre’s Annual Reports and Audited Financial
Statements for the fiscal years ending March 2012 to
2015.
Madam President, section 12(3) of the National Sports Centre Trustees Act 1988 [the Act] requires the trustees to cause proper accounts to be
kept relating to their operations and for these ac-counts to be audited by the Auditor General . The trustees are further required to provide a report to the
Minister on the performance of their functions during
that year, which must be laid before each House of
the Legislature, together with the Audited Financial
Statements and the Auditor’s Report .
Madam President, as is evident today, the
National Sports Centre (commonly known as NSC) has been delinquent in this duty since 2011. The prob-lem has persisted across multiple boards and under
both Government administrations. The current trustees, management and I concur wholeheartedly that
this is an unacceptable situation, and I can provide full
assurance that the current NSC Trustees and management have been working actively over a year to
get their accounts and audits current.
Madam President, it is also my understanding
that the audit for the year ending the 31
st of March
2011 was completed on time; however, the audit for
the year ending the 31st of March 2012 was not completed until the 14th of May 2018. The OAG [Office of
the Auditor General] offered a number of observations in relation to the affairs of the trustees and the handling of this statutory obligation at that time, including the following:
• deficiencies in accounting for tangible assets;
• inadequate supporting documentation, presenting opportunity for fraud or misappropriation;
• lack of reconciliations of capital project spending to the financial statements ;
• no written capitali sation policy ;
• lack of contracts for part -time employees ;
• lack of a documented procurement process ;


Bermuda Senate • lack of an annual budget v ersus actuals ; and
• trustees operating in a management role rather than in a governance role.
Madam President, t he trustees offered responses to the observations so as to satisfy the OAG
that the finances of the now NSC would meet th e
necessary accounting standards and allow for clean
audits in the future. After setting a timeline to have the
2013 financial statements prepared and ready for audit, the trustees worked with the OAG representatives
to provide documentation as requested.
Madam President, I am sorry to report that
this process became increasingly difficult to accomplish due to the fact that the documents were housed
in the Stadium Cottage (the original administration
building, by the way ) that had deteriorated to a state
of disrepair. And u nfortunately, many of the files were
ruined due to the water damage and mou ld in the vacant building. The facilities team recovered as many
files and documents that they could and have since
placed them in secure temperature- controlled locations. Stadium Cottage was subsequently demolished
last year.
In January 2019 Minister Foggo replaced
most of the t rustees , with the objective of getting all of
the audits up to date. And the new board of trustees
engaged the services of Ex pertise Group Limited (in
July 2019) to provide assistance with preparing financial statements for the purposes of completing the
mandated audits for the years 2014 through 2019, as
well as providing financial management oversight for
the daily operations. The terms of the agreement include d:
1. review the g eneral ledger to determine adjustments to comply with Public Sector Accounting Standards ;
2. prepare draft financial statements ;
3. prepare audit schedules and other supporting
documentation as requested by the O AG;
4. liaise with OAG to clear queries ; and
5. develop and document policies and procedures pursuant to the OAG recommendations .
Madam President, since engaging the E xpertise [Group] , the NSC has collaborated with the Auditor General to secure the completion o f the 2013,
2014 and 2015 audits, which are laid before this Hon-ourable Chamber today. Further, the NSC have presented draft Financial Statements for the fiscal year
ending the 31
st of March 2016 to the Auditor General .
There continue to be some delays due to informationgathering issues but the NSC team, with the technical
support of the Expertise [Group] , have worked closely
with the Office of the Auditor General to provide the
requested information.
Madam President, t he NSC is working with
Expertise to address the observations outlined in the
2012 audit. The most pressing of those observations
include the deficiencies in accounting for tangible assets. Unfortunately , [these] cannot be solved satisfac-torily , as many of the documents relating to the Aquatics Centre construction project have unfortunately
been destroyed. This will impact the ability for the trustees to secure future clean audits for the OAG.
The team has spent a considerable amount of time ,
as well as money , trying to solve this pr oblem before
the decision was made to accept defeat on this issue and to find a way to move forward.
Madam President, as indicated, the NSC have
presented draft Financial Statements for the fiscal
year ending the 31
st of March 2016. This audit is currently underway and will be laid before both Houses of
Legislature upon completion. Madam President, in the
interim the NSC have continued to prepare f inancial
statements and supporting schedules for the remaining audits for fiscal years ending 2017 to 2020 wit h
the aim of being ready to commence these audits at the Auditor General ’s convenience. Madam President,
the NSC is fully committed to meeting the statutory
requirement as prescribed in section 12 of the Act and
to become fully compliant and transparent in the reporting of its operations and accounts.
Thank you, Madam President.

The President: Thank you, Minister Peets.
I believe you have a second Statement with
regard to supporting Bermuda’s musicians.

Madam President,
as Bermuda and the rest of the world grapple with the
effects of the COVID -19 pandemic, it has bec ome increasingly clear that during these times where physi-cal distancing is required to keep our citizenry safe,
arts and culture play a key role in bringing us together
to help ensure our emotional well -being.
However, Madam President, despite the ability of the arts to uplift and inspire us, the individuals
who are the creators of these experiences that we all
enjoy have also been affected by the pandemic. I recognise and certainly appreciate that performing artists,
especially musicians
, have been disproportionally affected by our current inability to gather in large numbers for safety reasons. This has also had a knock -on
effect for Bermudians in some of the audio- visual
technology fields, for example, since sound amplification, staging and lighting of concerts, talks and other performances have been diminished due to the pandemic.
Madam President, for this reason I very am
pleased to share two new initi atives that have been
undertaken by the Department of Community and Cultural Affairs to provide support for these artists. The
168 3 March 2021 Official Hansard Report

Bermuda Senate first initiative is a lunchtime concert series branded as
Creatives Live! The series features singers and bands
performing on the steps of City Hall every two weeks,
either on a Friday or on a Saturday afternoon. The
support offered by this series is manifold. In addition to the musicians being given an opportunity to perform, we are also using this series as a way of drawing attent ion to our online artists’ registry established
by the d epartment, and we can find that registry at
www.creatives.bm
. The purpose of this registry is so
that members of the public interested in hiring a musician, or perhaps if you are looking for a videographer
or perhaps any other type of creative, you will be able
to get a sense of their talents and experience from
viewing the online catalogue.
Madam President, Creatives Live! is meant to
focus primarily on established and experienced per-formers who have been financially impacted as a result of the pandemic. However, the Department of
Community and Cultural Affairs has spent part of its
mission “ to develop our creatives .” To this end, this
concert will also serve as a developmental opportunity
for some younger less -experienced musicians looking
for a chance to show case their amazing talents.
Madam President, because of the limits on
the size of gatherings, of course, at least for now the
series is intended to be enjoyed as people walk past the performance while tending to their business while
in the City of Hamilton. This is also a way of enlivening the c ity and providing an upbeat atmosphere that
can be enjoyed by the gathering public. The Department of Community and Cultural Affairs will record all
of these performances , which will be made available
on the department’s YouTube channel. You can find
that YouTube channel by going to the Search bar and
typing “Bermuda Culture.” Please [press] Like and
Subscribe.
For those of you who missed Joy T. Barnum’s
beautiful performance last week or perhaps The Unit
Band ’s performance on Saturday of last week, Madam
President, I am pleased to say that this is not the only
initiative undertaken by the Department of Community
and Cultural Affairs to support our musicians. Earlier
in the year, the d epartment provided support to DJ
Barry G for a radio programme where he was featuring the music of Bermudian musicians. Since then,
working with the department, Barry G has recorded a
series of short videos with singers including Kaelyn
Kastle, Savanna, Mizzle and Chinyere to be released shortly . I am looking forward to that release, Madam
President. These musicians themselves will be able to
use this p articular platform for promotional purposes.
So as you can see, Madam President, there
are some measures being put in place to ensure that
our artistic community remains strong as we navigate the challenges of th is pandemic. The Department of
Community and Cultural Affairs is committed to work-ing with our creatives to assist them with the promotion and development of their skills and to provide on-going opportunities to support them in showcasing
their considerable talents to the population of Bermuda.
Madam President , thank you very much.

The President: Thank you, Minister Peets, Government Leader in the Senate.

INTRODUCTION OF BILLS
The President: There are none.

FIRST READING OF PUBLIC BILLS
The President: There are none.

FIRST READING OF PRIVATE BILLS
The President: There are none.

QUESTION PERIOD
The President: The first question can be entertained
on the first Ministerial Statement by Minister Peets on the National Sports Centre.
Would any other Senator care to speak ?
Senator Smith, you have the floor.
Sen. Ben Smith: Thank you and good morning, Madam President.
The President: Good morning.

QUESTION 1: BERMUDA NATIONAL SPORTS
CENTRE AUDITS 2012 TO 2015
Sen. Ben Smith: After listening to Honourable Minister Peets read through what I am going to say is a
really sad set of information regarding the National
Sports Centre, I know that a lot of the [members of the Association of] National Sport Governing Bodies will
be frustrated to know that the money that t hey have
been receiving from their government grants that has
been given almost entirely to the National Sports Centre over the years, from what we are seeing in this
particular Statement this morning. They will be frustrated to know that we do not know ex actly how things
have been handled during that period of time. I believe that when you see something like this, it is important that somebody is held accountable for how
this went on for so long. Minister Peets mentioned in
his Statement the fact that it h appened under multiple
administrations.
I guess my first question is, Are we able to
determine whether not having the Financial State-ments up to date and seeing exactly what was happening in that period of time has had any impact on the facility, on whether the facility was maintained at


Bermuda Senate the level that it should have been maintained? Whether some of the things that should have been happening in that period happened? Because if you do not
have the correct information, you are starting from the
dark.
I noti ce that it is mentioned that a lot of the
trustees who were involved during this period were
replaced. I guess my question is, Have all of the trustees who were responsible for this lack of progress been replaced? And have those trustees been moved
into ot her areas where they are responsible for the
public purse? Because this is an extended period of
time when inactivity has happened, and we cannot
continue to have this happen.
So, Madam President, I am hoping that we
can get some answers and that we can move forward
in a way that this will not happen again. Thank you.
The President: Thank you, Senator Ben Smith, Opposition Leader in the Senate.
Senator Peets, yes, you can respond.

Sure. Thank you so
much.
I am certainly grateful, Madam President, for
the questions. When we receive questions, my initial and automatic response is, Of course, you know these
questions are designed to ensure that the NSC in this
particular instance is being supported and run in the
best possible fashion, because ultimately , of course it
is our athletes whom we are trying to look out for.
The question of course does require a little bit
of lengthy reply. I do not know if it would be appropriate of course to use a lot of time this morning, given
the Orders of the Day. But just in short, and I will be
more than glad to provide an update to the Honoura-ble Senator in due course. But in a brief reply, starting with the last question first, to my knowledge not all of
the trustees have been replaced. There are some
trustees currently serving on the board for continuity
purposes; [they] were a part of previous a dministrations.
Regarding, are we able to determine if the
lack of Financial Statements led to the proper management of the NSC for example as relates to the upkeep of the facility and whatnot ? Everyone would
agree that the unfortunate circumstance of not having access to all of the documents, and of course some of
the documents being destroyed, does create a significant problem and hurdle. I can suggest to this Hon-ourable Senate that reasonable measures have been
taking place to address those things.
I have taken a personal interest in the NSC. I
had an opportunity to actually tour the facility and be apprised of what is really going on behind the scenes
as it relates to the condition of the field, the condition of the facilities and what is actually needed to actually
help the NSC to become profitable and to make sure that our amazing infrastructure is not lost due to lack
of maintenance and other issues.
Going forward, of course this is going to be a
mammoth task. And I can report to this Honourable
Senate that the team that is currently working with the NSC is committed to that goal and they have pledged
everyt hing that they can possibly do to be compliant
now with the Auditor General’s f inancial statements
which are required to be reported, and we have taken
a special interest in how we can actually support them going forward.
That would be my reply at the mom ent. If that
reply is insufficient, I have promised , of course, to
reach out to the Honourable Senator and provide some additional information.
The President: Thank you, Senator Peets.
You have a second question or a supplementary?
No. Would any other S enator care to ask
questions on this Statement?
Senator Jones, you have the floor.

Sen. Marcus Jones: Good morning, Madam President.

The President: Good morning.

QUESTION 1: BERMUDA NATIONAL SPORTS
CENTRE AUDITS 2012 TO 2015

Sen. Marcus Jones: Good morning, Senators. Good
morning to the listening audience.
I am not going to be too long, but I just wanted
to add weight to what both of my fellow Senators have
spoken thus far in regard to the National Sports Centre audits.
My first impression and feelings were horror,
looking at this report and the delinquency in which it
was given. And we can clearly see that it is not just
one political party that was in government; it was not
just one group of people or board that was in charge,
but this has been successive, successive boards that
have been in charge. But at the same time, I believe
that this Chamber needs to join me in crediting Senator and Minister Dr. Peets for taking on this task. And
we have heard in this Chamber many different government agencies that have come short in providing
audited statements.
My question to the Minister would be, Is there
going to be a deadline set for those audited state-ments from 2017 to 2020 being provided and delivered to these Chambers? I recogni se the challenges
that it presents. But I also feel, especially having come
in from the private sector, that unless you have hardand-fast deadlines, people tend to allow the dates to
go by and the accountability gets slack. So as much as I commend the Minister for his diligence and his
passion to come to a solution, I would really like to
170 3 March 2021 Official Hansard Report

Bermuda Senate hear if there is a stated , drop- down, date deadline for
these things being resolved.
Thank you, Madam President.

The President: Thank you, Senator Jones.
Minister Peets.

Thank you. I am
certainly pleased this morning to know that our inter-ests do align. All of these questions of course are
aligned with our personal as well as professional op-portunities and aspirations to make sure that the NSC
is act ually operating efficiently and effectively. Of
course, as I stated earlier the end goal is our Bermudian product as it relates to the best performance of
our athletes.
Having said that, I cannot stress any further
than what I have already stressed that t he current
state of affairs is unacceptable. And I think everyone would agree, you know, this particular state of affairs
is something that we certainly do not endorse or sup-port. Having said that, there is a hard- and-fast line
that, you know, this type of situation is not acceptable
and we are not going to permit that going forward.
Regarding a hard and fast deadline, the
statements are overdue. The deadlines are already
passed. And so our job now is not necessarily to set
another arbitrary deadline, but to enforce the existing
policies to make sure that these types of things do not
happen again. But in the meantime, of course, assist
the NSC in overcoming whatever hurdle that they have to overcome to finally become compliant and up
to date, and then find a way to support them going
forward so that this type of situation is not repeated.
So in short the deadline has already passed.
So we are not setting another hard and fast deadline; they are already overdue. So our encouragement right now and our work is to actually get those things done
as quickly as possible.

The President: Thank you, Minister Peets.

Thank you.

The President: Senator Jones, did you have a supplementary?
Would any other Senator care to ask questions on this Statement?
No. Then we will move on to the second
Statement that was given by Minister Peets, and that is on supporting Bermuda’s musicians.
Would any Senator care to ask questions on
this Statement?
Senator Tucker, you have the floor.

QUESTION 1 : SUPPORTING BERMUDA’S
MUSICIANS

Sen. Robin Tucker: Thank you, Madam President. The question that I do have is about whether
the positions that the musicians will have and the exposure that they have, if there is any financial compensation that is being provided? I believe that the
purpose for the initiatives that Honourable Minister
Peets has discussed is wonderful. I believe that giving
musicians who have not had the opportunity to perform, and to [also] draw attention to the onl ine registry
is a fantastic initiative. Again, I am just wondering whether there is any financial compensation that will
be provided, because that was not mentioned.
Thank you, Madam President.

The President: Thank you, Senator Tucker.
Minister.

Sen. t he Hon. Dr. Ernest Peets: Yes. Thank you.
I do admit that is a bit of an oversight. Perhaps in my preparation I just thought it was obvious.
But, having said that . . . thank you so much.
Certainly, there is a twofold situation going on.
We certainly want to provide the listening public and
people who are coming in and out of Hamilton to enjoy a very positive, upbeat environment. And the two
times that I have been there for Joy Barnum, as well
as for The Unit Band, I can certainly tell you that the
listening public really enjoyed it. And so I am really,
really glad, and we have received a lot of positive
feedback from the public.
The other opportunity of course in doing this
initiative is actually to provide some income for our
musicians, so they are being paid. The Department of
Culture will engage in a contract with the musicians, and they will be paid at whatever the contract rate is.
Ancillary contracts are also given. Because in order to
put on an event such as a band and/or the solo singers, you still need the videographer, you still need the
audio people. So we are really, really pleased that
those individuals are finding a little bit of work in these
difficult times. So, yes, Madam President, I can report
to this Honourable Senate that these musicians and the ancillary support staff are being compensated for
their work and endeavours.
The President: Thank you, Minister Peets.
Would any other Senator care to ask questions on this?
Senator Ben Smith, you have the floor.

QUESTION 1: SUPPORTING BERMUDA’S
MUSICIANS

Sen. Ben Smith: Thank you, Madam President.
I would like to applaud this initiative. As the
son of a musician, Hubert Smith, Sr., the late, great
Hubert Smith Sr., I can appreciate any support that
can be given to the entertainment industry. This initiative, knowing what the impact of the pandemic would


Bermuda Senate have had on entertainment, it is important that we do
show that support.
I am wondering if the Minister can give us any
indication of potential steps to support entertainment
as we come out of this pandemic and we move to opening up again, because over the last so many
years, we have moved away from that live entertainment. And we should be encouraging our young people who are musicians to get involved, and we should
be encouraging them that this is a potential lifestyle that they can have. Because I can attest to when you grow up in a creative household what that means.

Absolutely. Actually ,
thank you so much. And I did not know that you were related to the great Hubert Smith. That is absolutely
fantastic. I did not have an opportunity to grow up in a musical household as it relates to talent. But in my
household, we certainly enjoyed a lot of jazz and a lot
of local entertainment.
One thing that is important to me, as well as
to the heads of the department in the Department of
Culture, is until the situation regarding the COVID -19
pandemic changes in a very favourable fashion the
traditional opportunities for our entertainers are very, very, very limited. So this particular initiative is, at
least, from my point of view, like a bridge. So until we
can get to a point where local entertainment can re-sume their regular activities in our restaur ants, in our
hotels, at our weddings and all the other social gather-ings, we have to find a way to provide some type of relief. So these potential steps are something that we
are talking about every single month in our heads of
department meetings. So we have another heads of department meeting next week, and we will be discussing some more ideas.
We do not have a lack of ideas. We really
have a lack of resources. So I certainly welcome even
some additional ideas. Perhaps as we reimagine
some of these things, we can perhaps do a little bit
more than we are currently doing. But the will to do
these things and the ideas to do those things are
something that we are constantly discussing. So, yes,
we are trying to do our level best to provide as much support to our entertainers as we come out of the
pandemic.
Thank you, Madam President.

The President: Thank you, Minister Peets.
Would any other Senator care to ask questions or speak?
No. Then, thank you, Senators, and thank
you, Minister Peets.
We are going to move on.

ORDERS OF THE DAY

The President: The second reading of the Cannabis
Licensing Act. ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITORS

The President: But before we start that, I would just
like to acknowledge the presence from the Attorney
General’s Chambers. And they are the Parliamentary
Counsel, Ms. Amani Lawrence; Alsha Wilson; and
Jason Outerbridge. Welcome to all three of you.
Minister Peets and the second reading of the
Cannabis Licensing Act 2021, you have the floor.

Thank you, Madam
President. And certainly, good morning to all of the
Senators here this morning.
Madam President, I am pleased to introduce
to thi s Honourable Chamber the Bill entitled the Cannabis Licensing Act 2021 and move that it be read now a second time.

The President: Is there any objection to that motion?
No objection. Carry on, Minister Peets.

BILL

SECOND READING

CANNABIS LICENSING ACT 2021

Yes. Thank you so
much, Madam President.
Today more than ever all of the hats that I
wear are converging all at the same time. For those of you who do not know me very well, of course I wear a
few hats. Of course, today I am here as the Government Senator, as well as the Minister of Youth, Cul-ture and Sports. But also professionally, I am also an
internationally certified counsellor, and I spent the last
15–20 years working in recovery and treatment for
persons seeking relief from drug addiction. And also I
am a pastor. I have been pastoring now for the better
part of 22, 23 years. As such, as I come before this
Honourable Senate today I certainly recognise all of
those fields and all of that experience, and I plan to do
my level best this morning to bring all of those experiences together under one roof at one time.
So let me report to this Honourable Senate
this Bill that we have in front of us today. It ushers in a
new regulatory regime, licensing all activities involved directly or ancillary to the cultivation, import, export,
production, sale, supply, use and transport of cannabis or medicinal cannabis or products derived from
cannabis or medicinal cannabis in Bermuda. The Bill establishes the Cannabis Licensing Aut hority to be the
statutory regulatory body to oversee the issuance of licences, inspection, compliance and enforcement of
the cannabis licensing regime.
The Authority will also make recommendations to the Minister responsible for drug prevention
172 3 March 2021 Official Hansard Report

Bermuda Senate on relate d policy issues and the administration of said
Bill. Provisions in this Bill, Madam President, will permit lawful activities relating to the cannabis plant, medicinal cannabis, cannabis products and cannabis -
infused products.
Madam President, this Honoura ble Chamber
has before it today a multi -faceted, and in many opinions, a very transformative Bill of what we believe is of
significant national importance. As our society
reimagines its relationship, as well as its attitudes towards cannabis, the Honourabl e and Learned Attorney General, the Minister of Legal Affairs and Constitutional Reform gave a very stirring summation regarding the historic injustices and disparities concerning how cannabis enforcement laws in this country
have unfortunately disproporti onately affected our
Black male population. The essence of her speech is
really, in my opinion, worth repeating for the Members
of this Honourable Chamber.
Madam President, the pathways to reforming
Bermuda’s cannabis laws and also demystifying the
cannab is plant to finally awaken to us all the many
health, therapeutic and social benefits is well long
overdue. Our 49- year-old Misuse of Drugs Act 1972 is
a carbon copy of the Misuse of Drugs Act of 1971 in
the United Kingdom. The UK itself is challenged with
similar disparities of unequal enforcement of stop and
search and low -level drug offences arrests, particularly for cannabis recorded against Black and minority
ethnic groups within its own borders. In Bermuda’s
half-century of cannabis laws, the evidence that cannabis laws were utilised as one of many tools by the
colonial government and colonial police to quell Black
disquiet and to systematically criminalise Blacks on the front lines of the racial progress movements is
indisputable. This is in thanks to publications by
home- grown historians like the late Cabinet Minister,
the Honourable Walton Brown and more recently Dr.
Swan.
Madam President, looking back even further,
there is a clear thread recognising the very same inherently racialised enforcement. Social disparities and
the social/economic impact is woven throughout the findings of many reports such as the Clark Report 1978, the Pitt Report 1978, the Gurr Report 1984, the
Archibald Report 1986, the National Drug Strategy
Proposal of 1991 and of course the Tumin Report of
1992, among others. Bermudian society must collectively confront, integrate and dialogue with our past.
We must also use today’s knowledge respectfully of the aspirations of our future generations. This Government has done this by c ontinuing the big national
conversation about cannabis, engaging the electorate
by dynamic public consultation and ultimately by
bringing the Cannabis Licensing Act 2021 to the Legislature.
Madam President, the national dialogue has
laid bare the fact tha t the social conditions of nearly
50 years of cannabis prohibition have not produced less cannabis use; instead, the damaging social, economic and health effects span generations in a very
small tight -knit community. Black Bermudian males
continue to be di sproportionately stopped, searched
and arrested by police for cannabis offences. This is a direct gateway into the criminal justice system. Many
of us have personal stories that demonstrate that
there is a clear pipeline from the public education system to Westgate for some of our young Black males
who (quote/unquote) “fall through the cracks” or sometimes get (quote/unquote) “caught up.” Black Bermudian males are overrepresented in all relevant
cannabis -related matrices, even though it is proving
that Blac ks are no more prone to drug use, or cannabis use for that matter, specifically than any other racial group.
Madam President, the great Reverend Dr.
Martin Luther King, Jr., in his 1963 Letter from the
Birmingham Jail gifted humanity with this perspective
about when a law conflicts with the social conscience
of society, (quote/unquote) “I submit that an individual
who breaks a law that conscience tells him is unjust,
and who willingly accepts the penalty of imprisonment
in order to arouse the conscience of the community
over its injustice, is in reality expressing the highest
respect for law.” Dr. King’s words still ring true to contemporary Bermudian society.
We must reckon with the fact that criminalisation of cannabis, primarily through the enforcement of
personal use offences in the Misuse of Drugs Act 1972, has been ineffective. It is discriminatory. It is
very costly and represents poor public policy in contemporary health and treatment models. Collateral consequences cause family separati on, family breakdown and personalised trauma throughout families
affected by cannabis enforcement. Suspected cannabis users are stigmatised by certain segments of society and persons convicted of cannabis offences are
endlessly excluded from jobs, housing, travel and
even educational opportunities.
It is undeniable that cannabis use is a part of
Bermuda’s culture, despite its being unlawful to trade, share or even to use. Anyone who refuses to accept
this simple truth does not see the truth. Cannabis use
is not going away. Cannabis use is common at social
gatherings such as football matches, certainly at our
Cup Match and other large public events. That is no
secret. Essentially, unlawful use of cannabis happens
in plain sight of police officers who are unable to effec-tively enforce cannabis laws at said events.
Madam President, the [drug] data supporting
the Government’s policy captured in the Bermuda
Drug Information Network (sometimes known as BerDIN) 2018 in their Annual Report. I can highlight some
of the salient figures. In the reporting year of 2017,
some 71,160 grams of cannabis were seized. That includes plants, seeds, as well as edibles. This accounted for 84.5 per cent of all drug seizures by
weight. Criminal trials for cannabis possession were at


Bermuda Senate 56 with a total of 18 trials for cannabis possession
with intent to supply. Contrastingly, convictions for
cannabis offences were reported as follows: for possession, 47 convictions; intent to supply, 10 convictions; importation, 14 convictions; and for cu ltivation, 2
convictions. Only 11 per cent of all total drug arrests in
2017 were for importation offences.
For the fiscal year ending 2017/18 a total estimate of $9 million was spent on drug treatment;
$770,000 of that for drug prevention; and $5.7 millio n
spent on drug enforcement and interdiction. Typically,
the cumulative government spending for drug issues
is approximately $15.5 million per year. Cannabis enforcement is overly represented, and it is a drain on
these [government] resources.
Madam Presi dent, the status quo has not effectively been administered to deter illegal consump-tion and trade of cannabis by any measure or any matrix. When faced with the paradox of these truths, how
does a society progress from cannabis prohibition to
legalisation? That is the question. Thinking of it as a
continuum, the stages of cannabis law reform are, of
course, beginning with total prohibition; moving slightly towards decriminalisation; then moving again to
regulated medicinal cannabis; then again moving to responsible legal regulation of cannabis via a strict
licensing regime, which this particular Bill achieves;
moving again to legalisation with a light touch of regu-lation; and then of course at the other end of the continuum, full legalisation of cannabis with out regulation.
Currently, there is an unregulated criminal
market in Bermuda with criminal sellers profiting off
people who use cannabis most frequently. Conversely, full legalisation without regulation will create an unregulated legal market, which woul d amply supply
the same tactics as the criminal market. This regulato-ry regime proposed in this Bill will tackle criminality on either ends of the spectrum of cannabis reform. The
research shows that the responsible legal regulation is
the (quote/unquote) “sweet spot” on the spectrum of
cannabis reform.
Madam President, if we look back, the PLP’s
cannabis reform agenda started in earnest back in
2014 in February when the PLP Opposition tabled a Bill in the House of Assembly which would decriminalise posses sion of up to 14 grams of cannabis. A further attempt by the PLP Opposition to bring about decriminalisation of cannabis went into the House of Assembly on the 20
th of May 2017. But it never made it
into law because it triggered a motion of No Confidence in the OBA Government. The OBA avoided a
vote of No Confidence by asking the Governor to dissolve the House of Assembly, triggering the General
Election on the 18th of July 2017.
As you would know, Madam President, the
PLP won the 2017 election under a platform calling for cannabis reforms such as decriminalisation, preventing young people from lost opportunities because of
minor drug possessions, expanding licence access to medicinal cannabis, and drug policy reforms in general.
On the 20
th of Dece mber 2017, the PLP Government enacted the Misuse of Drugs (Decriminalisation of Cannabis) Amendment Act of 2017, which de-criminalised possession up to 7 grams of cannabis. In
August 2020, the Expungement of Convictions Act of
2020 was enacted, expunging convictions for simple
possession offences committed before the 20
th of December 2017.
Madam President, the lay of the land. As far
as what is lawfully permitted under the current law is
as follows: As mentioned, possession of cannabis up
to 7 grams is alre ady decriminalised since 2017.
Hemp and CBD formulations are also lawful for im-port, sale and use in Bermuda since November of 2019. The legal definition of “hemp” is purposely defined to include cannabis which contains concentrations of not more than 1 pe r cent of THC. Further, approved medicinal cannabis pharmaceuticals like
Marinol or Sativex are lawfully available for prescription in Bermuda. Other formulations of cannabis for
medicinal purposes can be authorised for patients
under a licence by the Mini ster responsible for the
Misuse of Drugs Act 1972.
Madam President, this Government’s effort to
take the next logical step to a regulated medicinal
cannabis regime was curtailed after public feedback was largely indifferent on said subject. Public consultation overwhelmingly showed that the public felt the
cost as well as the complexity, and the proposed bureaucracy outweighed any likely benefits for limited
patients who would participate or for attracting prospective entrepreneurs and investors who set up medicinal cultivation and manufacturing businesses in
our jurisdiction. The overarching call was for far bolder
steps towards a responsible regulation of cannabis.
The Government took a deeper look at how far can-nabis reforms could go, raising the decrimi nalisation
amount above 7 grams of cannabis, for example, similar to Portugal's model of wholesale decriminalisation.
This was not a feasible option for Bermuda’s
size as well as its limited resources. It would not be prudent to increase the decriminalise d quantity of
cannabis above 7 grams without additional safeguards, for example, or even a regulatory framework
because it gives tacit support to criminal enterprises
engaging in legal supply, sales, importation and the
cultivation of cannabis.
Likewise, it is a government. Full legalisation
of cannabis without a robust regulatory framework would likely have unintended consequences of increasing cannabis abuse and would not sufficiently
dissuade cannabis use, eliminate the illegal cannabis
market nor prev ent the known health risks associated
with social harms.
Madam President, the Government’s conclusion was that we needed a regulated cannabis regime
tailored to Bermuda’s needs which improves public
174 3 March 2021 Official Hansard Report

Bermuda Senate health, public safety as well as our social outcomes
and which is not unjustifiably punitive. The Cannabis
Licensing Bill establishes for Bermuda responsible regulation of cannabis via a strict licensing regime. By
enacting this Bill, government agencies and stake-holders can work collaboratively to design an ov erall
framework for cannabis that is cautious and can be
enhanced as we monitor the health and other outcomes during the implementing phase going ahead.
Madam President, crises are often a precursor for transformative change, and we are in an un-precedented economic crisis; I believe that goes without saying. This demands a radical new way of thinking. Increasingly, cannabis reform is not that radical at
all. Opening up entrepreneurial opportunities for all in
a post COVID -19 [world], regarding economic rec overy including for persons convicted of minor cannabis
offences, became a very necessary objective of the
Government’s cannabis reform policy. Therefore,
Madam President, the Government anticipates that
this Bill’s performance will over time effectively c urtail
the persistent use of the illegal cannabis market of
unknown quantity as well as unknown potency, and
that the inherent exploitation within the criminal enterprise would eventually fade. The longer cannabis use remains criminalised, cannabis users w ould largely be
out of reach of prevention and risk -reduction protocols
and treatment services, without also, unfortunately, being caught up in the criminal justice system.
Madam President, scientific advances and attitudes about cannabis now indicate that the health
risks of using cannabis are lower than that of alcohol
or tobacco. The dependence potential of cannabis is
moderate to low, on par with, let us say, caffeine. However, local cannabis use data places cannabis
and alcohol side by side as drugs of choice in Bermuda. Reported lifetime consumption rates are at 78.7 per cent for alcohol, 76.5 per cent for cannabis,
and 70.4 per cent for tobacco.
There is no escaping the fact that alcohol and
cannabis are cultural staples in a country where al-most 99 per cent of people admit to taking the drug in
their lifetime. Law and policy models around cannabis interventions globally are shifting their focus towards identifying persons at high risk, modifying risk factors
and risky behaviours, and modelling responsible
use—the same for alcohol —instead of an outdated
criminality -focused model.
Madam President, the cannabis reform policy
follows leading science with signals that health risks
for cannabis users are heightened for adolescents,
persons with mental healt h challenges or with a family
history of such, individuals with cardiovascular problems and pregnant women. These high- risk factors
can be worsened by initial cannabis use in early adulthood, near daily cannabis use, smoking cannabis plant material and by consuming cannabis with excessively high THC levels. Because illegal cannabis is
of unknown quality or could be laced with other more harmful chemicals or drugs, available data suggest
that contamination of street cannabis could be a very
egregious aggravating factor for mental health challenges and the potential for psychosis.
Madam President, the Cannabis Licensing Bill
provisions effectively address each of these factors.
The Bill recognises the need to protect young persons
by restricting access to cannabis by discouraging inducements to cannabis use for persons under the age
of 21. Specifically, persons under 21 will not be permitted to consume or use cannabis under this Bill. It will be an offence to supply or sell cannabis to a person under the age of 21. Licensees will also have a
duty to ensure that persons under 21 are not employed by retail shops and do not gain access to retail
shops, and that cannabis or cannabis products from
retail shops are not procured for persons under 21. Applicable offences and penalties are included in this
Bill as well, with fines for non- compliance ranging between $8,000 to $40,000.
Madam President, this Bill’s provisions also
permit diversion programmes to divert young persons
found in possession of cannabis away from the criminal justice system. Rather, they will be directed into mandatory training and treatment programmes. Madam President, examples of additional safeguards provided in the Bill are as follows: Cultivation licences and retail licences are not permitted within 100 feet of
any school or any place of worship. The Minister may,
by order, exclude harmful strains of cannabis from the
licensing regime. Availability of cannabis is curtailed to
approved premises meeting stringent guidelines.
Packaging of all cannabis products will be prescribed in a regulated fashion. Supply chains for retail shops
will need approval from the Authority to keep out criminal elements and to verify potency and quality. Strict
security requirements for licensed facilities must be
maintained. And lastly, the Authority will set terms and
conditions for licences for reasonable additional protections that are not currently prescribed in law.
As the regulatory regime expands, the Minister will use regulation- making powers to address
emerging technical requirements and enhance the protections as they are needed. An example would be
that commercial sources of cannabis be subject to strictly defined controls regarding potency and purity,
specifically regarding moisture, mould, fertilisers, pesticides and fungicides, for example.
Madam President, the public education campaigns and outreach will be properly executed so that young persons and the general public understand the
known dangers of cannabis abuse in the same manner as we educate on the dangers of alcohol and tobacco. The Department of National Drug Control and
the Authority will be tasked with collaborating to design and deliver effective, targeted prevention campaigns to improve the understanding of drug abuse
and the development of the best possible responses
to it.


Bermuda Senate The intended messaging will emphasise responsible adult use and will be sufficiently nuanced so
as not to demonise positive benefits of cannabis. Public messaging ought to coincide and reinforce other
community -wide values ex emplified by parents and
family members, educational institutions and society
generally.
In addition, the messaging will promote responsible attitudes and beliefs which will provide
young people with the tools they need to decide on
the healthiest course of action in regard to the use of
potentially addictive substances. Research shows that
educational programmes focusing on learning how to
manage emotions and stress do better in addressing
the root causes of addiction and dissuading young
people [away] fr om using addictive substances rather
than education programmes focusing exclusively on
drug abstinence.
Madam President, licensed cannabis activities
within the Bill’s licensing regime are ultimately de-signed to allow adults to access regulated, safe can-nabis plant material, medicinal cannabis, cannabis
products and cannabis -infused products for medicinal,
therapeutic and responsible personal adult use. The licence categories are as follows:
• a tier 1 cultivation licence that is to allow for
the growing, harvesting, drying, trimming or
curing of limited amounts of cannabis for adult
personal use;
• a tier 2 cultivation licence which allow s for the
growing, harvesting, drying, trimming, curing and packaging of cannabis for medicinal cannabis for commercial purposes;
• a cannabis retail shop licence that allow s for
the operation of a cannabis retail shop for the
sale of cannabis or the sale and consumption
of cannabis;
• an import licence to allow for the cannabis
and medicinal cannabis planting material for
cultivation from any country from which it is lawful to do so;
• a tier 1 manufacturing licence which is to allow for activities relating to the processing of
edible cannabis ;
• a tier 2 manufacturing licence to allow for the
manufacturing of cannabis products or medicinal cannabis products;
• an export licence to allow for the export of locally cultivated cannabis to a country in which
it is lawful to do so;
• a research licence to allow for the conduct of
scientific research relating to the development
of medicinal cannabis;
• a transport licence to allow for the transport of
cannabis or medicinal cannabis in Bermuda;
and lastly,
• a cannabis event licence to allow for the sale
and supply of cannabis at authorised private or public events of an infrequent or temporary
nature.
Madam President, collectively the Bill creates
strict, responsible regulation of cannabis to be en-forced by the Authority and the police, each empow-ered under the Bill to control and regulate cannabis
within the framework. HM Customs Department Officers retain their role as well as their powers of protecting our borders against illegal drug importation. Ongoing cooperation between agencies will continue under
the Bill and is essential for the integrity of this regime.
Madam President, another dimension of the
Bill is that the associated licensing fees are designed
to avoid a situation of champagne for the few instead
of water for all . That is to borrow from an African expression [from Thomas Sankara]. It is the priority of
this Government to prioritise economic access to the
licensing regime for all segments of our society. Entrepreneurial interests among Bermudians anxiously
waiting to enter the market has noticeably ramped up
as this Bill has been making its way through the Leg islature.
Much has been said by the OBA that the Bill
will not provide business opportunities for marginal-ised groups because of the (quote/unquote) “high
fees” and the high cost of doing business in Bermuda.
However, this Government was so committed to
providing opportunities for the marginalised groups
that it has included a provision in the Bill expressly
applying section 6A of the Human Rights Act 1981 to
allow for special programmes under the regulated
cannabis regime. This will allow for the implement ation of policies and programmes directed to support and assist previously marginalised persons or groups
to participate in the regulated industry.
Madam President, this is the first time in legislative history that section 6A of the Human Rights Act of 1981 has been transposed into another legislative
instrument. The terms of any special programme are
not prescribed in this Bill. That will be for the Minister
responsible for the Cannabis Licensing Authority to
work collaboratively to design any special programme.
A special programme could, for example, take the
form of reserving a percentage of the licences, or
grant licence fee reductions or waivers for specified groups. This is the Bermudian legislative way of offering equity pathways for persons formerly affected by
prohibition to participate in the regulated cannabis
market.
Madam President, the licensing fees scheduled in the Bill are accessible and affordable. Licens-ing fees range from $500 for a tier 1 cultivation licence, $500 for a transport licence and $750 for a
private cannabis event licence. Licence fees are higher for larger, complex and high- revenue business
types. For example, retail shop licences and research licences are set at $10,000; and tier 2, the commercial
cultivation licence, will co st $6,000.
176 3 March 2021 Official Hansard Report

Bermuda Senate The Government is not legislating to give
away start -up capital to entrepreneurs, nor to handhold interested parties into the cannabis market. It
follows that responsible regulation and responsible
use of cannabis requires that personal respons ibility is
demonstrated by individuals wishing to enter the cannabis market. The Bermuda Economic Development
Corporation (sometimes known as BEDC) offers a
range of support, information resources, courses and
access to support for funding a start -up business, including a popular loan programme guarantee. Interested applicants for cannabis licences would be signposted to avail themselves to the BEDC’s range of
resources and services to equip themselves to take
full advantage of the regulated cannabis regime.
This Bill does not prescribe a cannabis tax.
The Government of Bermuda has not put a tax reve-nue ahead of first establishing a very viable framework and allowing the cannabis industry to stabilise.
Madam President, this Bill is the culmination
of a compr ehensive social justice reform project that
included extensive consultation as well as stakeholder
engagement from entities and experts across the
health and helping services, law enforcement, finance
and the justice system. To support the widest -possible
consultation, the illustrative draft Bill formed part of the
consultation package and was also laid in the Legislature for Legislators to contribute.
The underlying policy was revised during substantive public consultation—150 members of the public, stake holders and interested entities made over
500 comments and submissions in total. Madam President, the consultation results aligned with liberal attitudes towards cannabis, demonstrating an over-whelming appetite for wider, lawful access to cannabis
under a regulated regime.
Not surprisingly, the quality of some consultation submissions uncovered substantial local cannabis
expertise waiting in the shadows and margins of society to take root. It is anticipated that our home- grown
experts are readying themselves to start their lawful cannabis operations. Madam President, the Government has been transparent about acknowledging that
its cannabis reform policy opens up lawful activities for cannabis beyond medical, scientific and industrial
purposes.
Responsible regulation of licences, activities
such as personal cultivation, retail licences and the personal adult use put Bermuda policies up against
the prescribed limits of the various narcotic conven-tions, as articulated by the United Nations treaty oversight body, the International Narcotics Control Board
(sometimes known as the INCB). The INCB reclassified cannabis in December 2020 following the World
Health Organization’s recommendation, recognising
the wider therapeutic and treatment benefits of can-nabis, further indicating that it is not liable to produce
ill effects similar to other drugs in Schedule 4, such as
heroin, fentanyl and other illicit opioids. Madam President, the Government of Bermuda has consulted with the UK Government, Government House during thi s development of this Bill. The
Government of Bermuda continues to pursue all dip-lomatic and legal options to deliver on its promise to our people, fully cognisant of the fact that the UK
Government’s International Narcotics Conventions
obligations have ex tended to Bermuda. However,
Bermuda, as a self -governing territory of the UK,
democratically desires for social, cultural and public
health reasons to chart its own distinct course in this difficult area of cannabis reform, while also adhering
to internati onal law to the greatest extent possible.
Diplomatic discussions continue in this regard, with
the hope that the UK will respect the democratically
expressed wishes of the Bermudian electorate on this
particular issue.
Madam President, it is clear that Ber muda is
now met with a unique dilemma—to continue waiting
in vain for the INCB and the state parties to narcotic
conventions to catch up with the modern attitudes on
cannabis, or to meet the potential international challenges head- on. The Government of Ber muda has
chosen the latter because waiting would mean miss-ing the narrow window of time to establish a national
cannabis industry that can deliver real change and
economic opportunities for the Bermudian people.
Madam President, Bermuda is not alone in
this particular endeavour. The pathway to regulated
cannabis’s legal framework has been trail -blazed by
example by Canada, which has regulated the cannabis industry, and 36 states within the United States of
America which have laws permitting access to medic-inal cannabis and/or recreational cannabis use. Other
jurisdictions farther afield, like Uruguay for example,
have a completely regulated cannabis sector.
Mexico’s legal cannabis industry is expected
to come online by the end of 2021. Remarkably, Mexico’s legalisation was driven by a supreme court ruling
that cannabis use falls under constitutionally protected
modes of individual self -expression and that that
same country, Mexico, desires to eradicate the drug
cartels.
Canada and the United States, by enact ing
domestic laws permitting personal adult use of canna-bis and creating a regulatory framework for a cannabis industry, are in a position of respectful noncompliance in regard to the International Narcotics Convention. Notwithstanding that, neither countr y has been
subjected to any sanction by the INCB, despite Canada being called an international rebel and the INCB
declaring its legislative regime to be (quote/unquote)
“weaking the drug treaty framework.”
Respectfully, Madam President, it would be
disingenuous for the INCB to take such a hard- line
approach against Bermuda’s cannabis laws in the
face of two G7 state parties to the convention notoriously in noncompliance with their treaty obligations.


Bermuda Senate Madam President, the cannabis policies and
laws emanating from the Americas and the Caribbean
region are more coherent with local views as well as
cultural attitudes towards cannabis. Prevailing views
in these regions, like those in Bermuda, recognise that
contemporary science and risk -based harm- reduction
strategies are far more effective at preventing cannabis misuse and illegal trades in cannabis than a prohibition -only approach advocated by the INCB. The
cannabis laws from the model jurisdictions informing this Bill are sensibly consistent with the overall object and purpose of the Narcotics Convention—that is, to
be (quote/unquote) “concerned” with the health and
welfare of mankind.
This Government believes that a regulated
cannabis industry, even one w hich permits responsible adult use, has greater likelihood of safeguarding
the health and welfare of our population than the current state of affairs system that criminalises users and
[creates a problem that] continues to proliferate despite all of the best law enforcement efforts to sup-press it.
Madam President, cannabis has already gone
mainstream. Cannabis industries are emerging and growing steadily in all of our gateway neighbours. In designing this Bill, government technical officers recommended principally following Canada’s example
and adapted [it] to meet Bermuda’s jurisdictional dis-tinctions. The Government of Bermuda is bold enough
to chart its own course on cannabis, creating economic opportunities for our citizens.
The Bill presented opens the door for a viable,
vibrant and equitable cannabis industry. The frame-work encourages entry to business for small and me-dium -sized entrepreneurs, as well as large companies. Even chefs, bakers and juice bars can apply for licences to manufacture cannabis f ood products.
There will not be large monopolies dominating the
cannabis industry.
Madam President, constructing an entirely
new regulated industry requires continuous legislative
amendments and regulations. This Bill is the foundational framing of a cannabis industry in Bermuda. The
first piece of legislation cannot possibly, particularly at this stage, capture every eventuality. It cannot answer
every single technical challenge the industry may
face, nor can it be tailored to match the myriad of
business issues that are likely to arise in the future.
As the provisions of this Bill are operationalised, the Cannabis Licensing Authority will collaborate with technical experts, industry partners, entrepreneurs, investors and the banking industry and the Office of the National Anti -Money Laundering Committee
to influence the future design of added regulatory
specifications within the existing licensing regime.
With their collective expertise, they will have the best understanding of the potential risks associated with
any ambiguities in the licensing regime and also identify ways of improving security issues, safeguards and dynamics from within the specific areas in which they
operate.
Thus, regulation- making powers are included
within the legislation, allowing the Minister responsible
to make specific and general regulations to enhance the regulated regime. Additionally, the principal Act
can be amended by regulation to include future development.
This Government’s policy is not blind to potential risks of mo ney laundering, which can emerge from
formerly illegal businesses now becoming lawful, particularly for the proceeds of crime and effective border
controls to guard against drug trafficking. However, by
modelling our legislative framework on the Canadian
model, Bermuda is also looking to Canada’s experience with regard to maintaining its high anti -money
laundering ratings, notwithstanding its lawful cannabis industry. By applying the Canadian lessons, Bermuda
can continue to demonstrate our effective anti -money
laundering compliance regime during future follow -up
reviews of the Mutual Evaluation Report by the Caribbean Financial Action Task Force.
Madam President, the totality of this proposed
legislation provides for a better, effective regulatory
framewor k for cannabis to displace the illicit market,
protect the youth and the vulnerable persons and finally redress legacy harm- afflicting issues affecting
our Black families. It provides fair and equitable access to participate in a proposed market at a time
when the economy and families are suffering and
searching for new economic opportunities. The passage of this Bill and the future implementation will deliver the greatest good for the greatest number.
Madam President, I remind this Chamber and
the listeni ng public to view this Bill for what it is. This
is a cannabis licensing Bill. This is not a cannabis le-galisation Bill. This is not an expungement Bill, and it
is not a Bill to get persons off of the stop list. This Bill
establishes responsible regulation for cannabis to replace the status quo of unlawful, unregulated, unsafe
access to the illicit cannabis market in Bermuda, under which the only people who profit are the criminal
suppliers, the criminal importers and [criminal] cultivators.
This Bill coul d never achieve perfection, nor
could it deliver on all of the things for the diversity of
personal opinions, for or against, or for those who are
indifferent to the responsible regulation of cannabis.
You also need to remember too that the negative views on cannabis are influenced by long- standing
social conditioning and inherent biases that our socie-ty is just now beginning to grapple with.
Madam President, I look forward to a very
constructive and very thorough review of the merits of
this Bill, the Ca nnabis Licensing Act 2021.
Thank you, Madam President.

178 3 March 2021 Official Hansard Report

Bermuda Senate The President: Thank you, Minister and Dr. Peets,
Government Leader in the Senate and spokesperson
on Legal Affairs.

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITORS

The President: Before I open the floor, I would just
like to acknowledge the presence in the Chamber of
the Attorney General, Minister Kathy Lynn Simmons,
as well as the Acting Permanent Secretary, Ms. Gina
Hurst -Maybury.
Welcome to both of you.
[Cannabis Licensing Act 2021, second rea ding debate, continuing]

The President: Would any Senator care to speak?
Senator Jones.
Sen. Marcus Jones: Thank you, Madam President.
First of all, let me thank the Senator, Minister
Dr. Peets, for this presentation. I thought it was very
informative. There were some things that I did not realise in my own personal research that this presentation by the Senate Leader has brought some light to.
Having said that, Madam President, this Government has brought before us a Bill today that I be-lieve commercialises corporate cannabis. I do not believe that the Honourable and Learned Attorney General, whom I am glad to see with us this morning —I
am not too sure of all of the objectives that she and
her team endeavoured to accomplish. But by going
back and reading some of her press statements and
even statements within this Chamber, I do believe that the present draft that we have today has gone through
many twists and turns. It has been a long journey. And
I can appreciate the fact that there was a f air amount
of consultation that was held within this community,
some of which may not have been as detailed and as
comprehensive as we may have liked. But suffice it to
say, Madam President, that consultation did take place.
On a side note, I would be cur ious to have
heard from different drug prevention and drug treatment professionals in the community. I would have
loved to have seen and heard some quotes from them
in this presentation so that the community and we in these Senate Chambers would have some level of
comfort that those who deal with the negative impact
of the use and abuse of all forms of illegal drugs, and
in this particular debate specifically cannabis . . . I
would have loved to have seen and gotten some com-fort from those who deal with thi s particular . . . the
effects and the impacts on the Bermudian family. I
would have loved to have seen and heard quotations
from them. But be that as it may, Madam President, I do
believe that the burden of proof, or more specifically
the burden of persuasion, lies in the hands of the
Government Senators here today to convince us
whether this Bill will completely decriminalise the use of cannabis. The burden of persuasion rests upon the
Government Senators to convince us that the ability to
cultivate cannabis for personal use is at best free for
residents of this country and at the least affordable.
I took close note of Minister Peet’s assertion
that this fee schedule, which has been put out by the Government, is affordable to the average Bermudian.
I would say that this was to some degree tone- deaf to
what we hear in the community, where they can acquire this particular drug over the course of a year and
be fairly satisfied without having to go through paying
for a personal licence of $500 for the licence itself and
$250 for the application for that personal cultivation
licence. I would like to think that the Government will
have a relook at that price point.
I believe that this Government needs to persuade and give a compelling argument to the commu-nity at large that the passage of this Bill would do its
best to protect the vulnerable in our community from
physical, mental and social effects —most importantly,
our youth, the most valuable asset in our community, the next generation —because we know quite cl early,
Madam President, that the part of the negative impact
of the use of cannabis on our children is astronomical.
There are numerous studies that show and prove that
the use of cannabis in and by those of pre- adolescent,
adolescent years, up to the age of 25 can have a devastating impact upon the recipient or the user of these drugs.
Whether it comes down to memory loss,
whether it comes down to poor decision- making, we
find that the use of this cannabis can create and result in poor performance in school. We see and have observed ourselves our young people who are under the
influence of these drugs cannot be in some situations
made responsible for their actions. Because what this
drug does ––and I believe to a large degree this part of
the conversation has been lacking–– is to emphasise
the negative impact that this will have upon our youth
most especially.
The burden of persuasion lies upon the Government Senators to convince us that the black market that, as Minister Peets shared with us, is profiting
from this illicit market, that this market after the
launching of this Bill would, if not remove entirely the
black market (as we know that is a pipe dream) but at
least have a significant impact on the profitability and
the exploitation of the black market .
We need to ensure and this Government
needs to convince us that the passage of this Bill will
not be inaccessible, if that was their intention, for the average Bermudian. As it stands today, this regulatory
regime makes it just about inaccessible for the average Bermudian. For those young men whom they look


Bermuda Senate to give an opportunity to, it will be hardest for them.
That is why we on this side of the aisle have labelled
this legislation as a commercialisation of corporate
cannabis.
Let us make a couple of t hings crystal clear,
Madam President. Number one, this Bill will not remove family members and friends from off of the US
stop list. The US Consulate will tell you that. As much
as we have lobbied and as much as we have asked
for the US Government to lend us a little bit of grace
and mercy, by all indications that legislation or that
law, that US law, will not be changed. Now, that law is
not just a policy that customs officers and border patrol officers use their discretion to use. It is the law. It
is par t of the US Immigration and Nationality Act. And
it is not written just for Bermuda, as some may want to think; it is for the entire globe.
Every person who is not a citizen of the United States comes under that law. Every country has its
own laws which determine who can come in, who is
admissible and who is not. So as much as we some-times feel hard- done- by, that this feels so unfair to our
fellow Bermudians, it is something that every citizen of
the world has to come to grips with.
But we also need to re alise that that stop list
is not only for drug offenders. That stop list is also for
persons who commit white -collar crimes, whether it is
embezzlement, whether it is fraud. Regardless of the
form and type of crime that you commit, if you commit
a crime, t hen you are putting yourself in a position
where you can be inadmissible to the US and you
would need to get a visa waiver to get there. So I think
that fact needs to be clarified.
Madam President, we as Bermudians are very
fortunate. We are one of the few countries that do not
require a visa to enter the United States. It is a very
advantageous position to be in. I would hate to think that after the passage of this Bill the US Government
would look at Bermuda differently. Is it possible that
once we are s een as a jurisdiction that has embraced
and welcomed the commercialisation of cannabis, we may possibly be put into a different category as such
of our friends in the south are now put on where they
cannot freely have access to entry into the United States ? I would hate to think that that would be one of
the consequences of the passage of this Bill.
Madam President, the US Customs and Border Protection claims . . . and may I read a quote?
The President: Certainly you may.

Sen. Marcus Jones: “If a traveler is found to be coming to the U.S. for reasons related to the marijuana
industry, they may be deemed inadmissible.” What
does that mean, Madam President? That means that
if one in this country is in possession of a retail licence to sell cannabis in this country and decides to make a
trip to the United States for whatever reason, whether
it is to purchase equipment or something that is relat-ed to the cannabis industry, I believe the public needs
to realise that this innocent journey to United States to
gain equipment for your legalised business in Bermuda could put you in jeopardy in United States of gain-ing free entry into United States. I asked the question, and I was completely stunned by the answer that we
received when talking to officials within the U S Consulate. And I believe the public needs to realise that.
Madam President one of the things that this
proposed Bill does not do, it does not ensure that our
youth will not fall afoul of gaining access to this prod-uct. And it really gets my attention. A nd having listened to the debate in another place, there was much
spoken about how the criminalisation of users of this
particular product was disproportionately felt by the
Black community. Now, we all know that Bermuda
happens to be a country where the m ajority of its citizens are Black. So it makes sense that if that is the
case, more Blacks than not possibly will come under
the disproportionate, (I would say) unfair criminality of
being found in possession of it.
But is it not sort of ironic that this particular
product, this illegal product up to this date that has
decimated the Black family —all of us have watched
how the use and the abuse of this particular drug has
caused so much negativity within the Black home—
that now this Government wants to give more license
for more destruction, for more calamity? It is not enough that the Black family has been exploited by
unfair laws; now we are going to put the gun to the
Black family’s head and say, As a government, we’re
going to validate the usage of this drug without suffi-cient measures to protect those who fall under the prey of this devastating drug.
Now, one of the proposals within this legislation, Madam President, is to make the legal age over the age of 21. What we know from many surveys,
many reports, most specifically from the American
Psychological Association, who did a publication on “Marijuana and the developing brain” in November of
2015 —[this report], plus many other reports give very
convincing evidence that the use of this particular
drug can have devastating effect upon the minds of
the youth up to the age of 25. But this Government has decided that 21 is the age of allowance to use this drug when all reports show quite clearly that this mid20 age is still susceptible to the negative impact of the
usage of cannabis.
Madam President, how can a government
tasked to safeguard its most valuable assets, that being the next generation, make the usage of a drug
historically being promoted as a detriment to society
and in the next breath make it easily accessible to the
Island at large?
Madam President, one of the objectives of the
mission statement for the Ministry of Education . . .
and may I read a quote, Madam President?
The President: You certainly may, Senator Jones.
180 3 March 2021 Official Hansard Report

Bermuda Senate Sen. Marcus Jones: “To educate the community
through educational, social and recreational resources
that prepare, inform and engage life- long learning and
access to initiatives that meet the needs of Bermuda residents.” I will be interested, Madam President, in
hearing from the Junior Minister of Education his
thoughts on how the legitimising or the commercialisation of the sale of cannabis and its increase in accessibility to the youth of this country fits into that missi on
statement.
Madam President, the Ministry of National
Security, the Bermuda Police Service has a mission
statement. It is quite simple. It is a three -word mission
statement. It says, “Making Bermuda Safer.” I would
love to hear from the Junior Minister of National Security who could give us some comfort that, after the
passage of this particular piece of legislation, the di-rect exposure to cannabis use now removed will in
fact make Bermuda safer.
The Ministry of Health, Madam President,
they also have a vision. And if you may allow me, I
would like to read it.

The President: You certainly may.

Sen. Marcus Jones: Their mission statement is “for
an equitable and sustainable health system that pro-motes and protects the physical, mental and social well-being of individuals and the community.” Can the
Junior Minister of Health give the people of Bermuda assurance that the once- limiting restraints now relaxed by this new legislation that will be put into place,
can he convince us with data, with hard, cold f acts
that the passage of this Bill would in fact decrease
instances of drug abuse, decrease and cause there to
be fewer drug addicts? Convince us that there will be a fall in instances of driving under the influence of drugs once the laws have opened up th e floodgates of
corporate cannabis.
I was quite interested in the Minister referring
to Canada as a jurisdiction [in] which the cannabis laws have been relaxed. I believe it has been since
2018. And if that is the template and the model that
we as a juris diction are going to use, then let us listen
to a few statistics that come from out of that jurisdiction. Madam President, the Guardian newspaper in
April 5, 2020, states, and may I quote, “The black
market [in Canada] is still vibrant while cannabis stocks have crashed, medical patients say they can’t
get hold of essential medicines, and thousands of jobs have been lost.”
Madam President, Statistics Canada claims
that just 29 per cent of Canada’s users buy all of their products from a legal source, and t he price is almost
double that of the illegal market. It was found that the consumer purchased low -grade weed for a higher
price. Madam President, I submit to you today that the
underground black market dealers will be laughing
their heads off when they look to see that once this Bill is out and being utilised, at the end of the day their
former clients are going to come back, cash in hand,
back to their illicit market. Because what this Government has not realised, based on other jurisdictions, is
that the cost to actually have an enterprise of legal
cannabis sales, its price points and its costs are so
high that the consumer is going to be far more apt to
go back to the underground black market, Madam
President.
The potential passage of this corporate cannabis Bill because it is so onerous in its regulations and its price fee structure is so high, it will create an
exclusive club. Those who are already established
businesses, already have deep pockets, have easy
access to capital, those are the ones who ar e going to
rise to the top. And unfortunately, contrary to the ob-jectives of the Government in making this potential enterprise accessible to the average Bermudian, that
will not be the case.
Another thing to consider, Madam President,
is that Bermuda’s s oil and climate are not ideal for the
cultivation of cannabis. What can be observed in the
jurisdiction that we are holding up as a model is that
the ones that are profitable, the ones that generate an
income that makes sense, the ones that can be
deemed as successful , are the ones that actually have
a multi -million -dollar facility to create the ideal and the
perfect cannabis plant. I do not see many of the deal-ers that I know of who have got that type of money
that is stashed away to be able to create a facility or to
create an environment that produces the perfect cannabis plant, Madam President. What will happen is
that smuggling cannabis illegally into the country for sale will be far cheaper than buying the home- grown
product in this country.
Madam Pr esident, what this legislation will not
do . . . it will not encourage the financial institutions
and banks to want to jump at the idea of capitalising this new emerging industry on the Island. Look no further than the gaming industry, Madam President. We
find that four years ago laws were enacted to allow for
gaming to be legal in Bermuda. Up to this point four
years later we do not have a casino. We do not have
a gaming facility in operation four years later. Several
millions of dollars have been put into this emerging
industry, and there is nothing to speak for it at all. This
is the potential of what can happen within the emerging cannabis industry.
You see how it goes. The banks that we have
today on this Island, they work hand in hand with cor-respondi ng banks. Now, these corresponding banks
are very important when it comes to making transactions overseas, very important when you want to have
a business that does not depend strictly on cash.
Many of these corresponding banks do not want to
run afoul of the laws of international countries all
around the world.
The Minister spoke quite candidly about the
anti-money laundering regime that Bermuda has


Bermuda Senate worked hard to produce, a gold- standard regime. I ask
this Government the question: Will we come under
more scrutiny if we take that giant step into the world
of legal cannabis? We need to consider that. And the corresponding banks are looking at our jurisdiction very closely. If you go and research and investigate
how it has worked in places like Jamaica and other
countries to the south, they have many issues that
arise from the financial institutions that are unwilling to
take that risk. They do not want to manage the risk;
they want to eliminate the risk. And so the difficulty arises of having to work with these banks when you
are going to be producing a product that you expect to
trade globally.
Madam President, the Eastern Caribbean
Central Bank produced a report highlighting the challenges that financial institutions have servicing medic-inal marijuana made largely available legally in developed countries, let alone recreational cannabis, which
remains illegal in many regions around the world. As
noted earlier, there are jurisdictions like Canada, Uru-guay that have actually passed a law. And if we watch
closely to the things and the obstacles that they have
to face, we would think twice. We would be hesitant
before we jump headlong into the waters of commer-cialised corporate cannabis.
Madam President, another thing that this legislation will not do, it will not bring comfort to those
families in this country who have watched family
members being destroyed by this drug. Madam President, I think it is good time now, as I am preparing to wind up my chat today . . . I think it would be appropriate for me to declare my interest in the consump-tion of marijuana from a personal perspective.
My declared interest is that I have no interest
at all. My brother and I were raised in the home of a single parent who watched our community be deci-mated by the illegal and abusi ve use of drugs. What
was once seen as a recreational experience that most people within the community used escalated into
something that removed dreams and ambitions from
many friends of mine. You may ask me, Madam President, What made you not dip into the waters of testing this cannabis? I will say to you, Madam President,
quite candidly, my mother put the fear of God in my brother and me. I will say to you that if we were ever
caught using this particular drug, I believe I would rather be taken to the po lice station than fall into the
hands of one Ms . Mary L ou Jones .
But I will say to you, having said that, Madam
President, having looked at and talked to many within
this community who have an interest in being able to
consume cannabis, I had to step bac k and I had to
look at it again. And I had to say to myself, To a consenting adult, should they not have the right to embark
and consume cannabis at their will? I had to ask myself that question. Should I impose my values on society as a whole when there are many within this country, whether for religious reasons, whether for medici-nal reasons see the benefits of consuming marijuana?
Madam President, if this Government would have another look at this legislation and set out to do the
things that I felt they intended to do from the first times
they talked about it, maybe there will be a place for
me to sign off on this particular legislation.
But what this legislation does not do is it does
not completely decriminalise cannabis use. It does not make it acces sible to the average Bermudian. That is
demonstrated [by] the high cost of a licensing fee of $750. It does not decriminalise cannabis usage be-cause that is demonstrated in the two pages of fines
and possible imprisonment that will be placed on
someone who is found actually peddling this drug
without the licence. Does this sound like decriminali-sation to you, Madam President? No. I think it is increasing the level of criminalisation.
In summary, Madam President, if Junior Ministers can give comfort respect ive of the ministries that
they represent that the passage of this Bill does not require them to rewrite their mission statements which
obligate them to ensure a safe and healthy environment for the citizens of this country, especially the
youth; if this G overnment can convince us that the
profitable black market that facilitates the sale of cannabis will be significantly impacted and reduced to
being just a fringe player in this enterprise —
Sen. Curtis Richardson: Point of order, Madam
President.
The President: What is your point of order?

POINT OF ORDER
[Misleading]

Sen. Curtis Richardson: Madam President, I believe
the Honourable Senator Jones is misleading the Senate. Senator Jones would not have any Bill to put in
front of him that he would support. The Senate is in
the place to discuss Bills passed by the democratically elected Chamber. He has made no suggestions, as
he would not support any Bill, just as he did not support decriminalisation. He has no moral authority to
discus s the subject —

Sen. Marcus Jones: Objection, Madam President.

The President: Another point of order.

POINT OF ORDER

Sen. Marcus Jones: That is not a point of order.
He is reading something that someone sent
him, and that is not a proper point of order . So, Madam President, without any more interruption I will continue.
Madam President, if this Government can
convince us that the decriminalisation of cannabis in
182 3 March 2021 Official Hansard Report

Bermuda Senate its truest sense can be experienced by residents,
right, and make it available for the average Bermudian; if this Government can convince us that banks,
whether they are local banks or corresponding banks,
will be able to join in and be part of the capitalisation of this commercial enterprise, then there is a possibility that we can sign off on this Bill. Many within the
community have said this particular proposal is half
stepping. Either come big or go home.
As much as it would be (shall we say) uncomfortable an idea and a concept, it will stick in line to what I believe the Attorney General has put in place or
desires to do. This proposed legislation does not do
this. So I encourage my colleagues to object to this
motion to accept it and let it be sent back to the Attorney General’s Chambers for a rethink and a rewrite.
The people of this cou ntry demand it. The next generation deserves it.
Thank you, Madam President.
The President: Thank you, Senator Jones.
Senator Michelle Simmons, you had indicated
earlier that you wanted to speak. You have the floor.
Sen. Michelle Simmons: It is still morning. Good
morning again, Madam President.
Madam President, I have studied this Bill before us today very carefully because I really wanted to be fair to the process that all of us here in the Senate
are charged with of reviewing legislation whic h comes
to us after passage through the other chamber and
through debate, through discussion, perhaps even
effecting some change.
First of all, I want to thank Madam Attorney
General, the Honourable Attorney General, and her
technical officers who are her e with us today for a
very, very useful meeting with the Independent Senators earlier this week. The information shared and the
discussions which followed I found very helpful.
From my reading of the Bill, I see the Government wants to establish a cannabi s licensing regime that would see funds generated from such li-cences paid into the government’s Consolidated
Fund. I also want to thank Dr. the Honourable Minister Peets for his presentation this morning because he
has set out before us the various licences, and therefore there is no need for us to repeat that list of licences that will be available for people to apply for.
I do have questions about the Bill. And I am
going to start with one about the number of licences that will be issued. I would imagine that Government
has some idea of the number of licences in each category that it is aiming to, I guess, issue. And that is an
important point because it will also inform the work of
the Cannabis Licensing Authority, which is about to be
established if thi s Bill passes. I noted from information
received this week at the briefing we had that in order
to establish the Cannabis Licensing Authority, funds
will be drawn from the budget of the National Drug Commission . . . I should say the Department of National Drug Control. And I emphasise the name, the
Department of National Drug Control . Their budget
allocation, part of it anyway, will be used to establish
staff for the Cannabis Licensing Authority.
That gives me cause for some concern, Madam President. We s eem to be sending a rather confusing message to the public. On one hand there are government agencies which have been established to
work towards drug prevention. And now we have a
proposed new government programme for the licens-ing of various activities a ssociated with a cannabis
industry, a drug industry. Further, the Minister responsible for drug prevention is the same Minister who is
establishing the Cannabis Licensing Authority. To me,
that is very confusing. I am not sure how members of
the public are responding to that, but it seems to be
sending a double- blind message—confusion.
Let me be clear about my stance with regard
to medical or medicinal cannabis. As prescribed by a practicing physician, I do support that. There is no
doubt in my mind that t here are some benefits to patients who are prescribed medicinal cannabis by their
physicians. However, cannabis is a drug.
And my next question is, Should we be encouraging people to use this for recreational purposes? Or is it a drug that we should be advising people
not to use? Since we know it causes both physical
and mental impairment, the Government says in the
brief from this morning that use of cannabis is probably a lower risk or causes less harm than alcohol and
tobacco use. But does this take i nto consideration the
period of time over which cannabis is being consumed
and the potency of it?
I have personally seen young people who
started using cannabis in their teenage years who
now as grown adults are totally unable to function in
society. And that is [because of] cannabis use.
Madam President, I did some research, and
several studies I have read have shown that cannabis
use and addiction are affecting young people in a disproportionate way. And let me be clear about that. I
am referring to wha t studies have shown with regard
to how cannabis has affected young people versus older adults. For example, Madam President, in the United States, of those going to rehabilitation for addiction to cannabis, 45 per cent are under 21 years of
age. And I wil l repeat that. Forty -five per cent are under the age of 21. Now, if you step the age up a bit
more to age 24 and under, the percentage rises to
55 per cent. That should be alarming for all of us. Because it is saying quite clearly that young people are
very vulnerable to using cannabis.
Madam President, let me list some of the
negative impacts of cannabis use: distortion of time
and space perception, impaired coordination. Could
all of this be helping to contribute to the increased risk
of reckless riding and traffic collisions in Bermuda on
our roads?


Bermuda Senate Young people have difficulty thinking or problem-solving. They suffer from impairment of memory.
They suffer from, unfortunately, low levels of learning.
In school -age children— and I have seen this —you will
see behaviours such as truancy, habitual tardiness,
fighting, stealing, vandalism. The list goes on. And I
will end the list with low self -esteem. Schoolwork and
the achievement of goals also suffer. Heavy users of
cannabis suffer damage to social life, work or career
status, and cognitive ability. Cannabis use is associated with increased rates of depression, anxiety, sui-cide, including adolescent suicide.
That is a list that should get our attention. It
should make us all pause and ponder, and think, Are
we doing what is in the best interests of our young
people? Are we doing what is in the best interests of
the next generation? Are we doing what is in the best interest of this community?
As a former educator . . . no, I am still an educator. As an educator, I have witnessed first -hand how
cannabis use has impacted school -aged students.
And it is my wish to see fewer, not more, young people engaging in cannabis use. I was alarmed when I
read parts ––because it is quite a big document ––of
the most recent sc hool drug survey conducted in
2019, which showed that the onset age of cannabis
use was as low as 9.6 years. Yes, Madam President,
we have children in our primary schools who are using cannabis. It is easy for people to have access to cannabis.
What are w e doing to safeguard our children?
What are we doing to educate them about the negative effects of cannabis use? Does every school, every primary, middle, senior school, public and private, have effective education and prevention programmes? Unfortunately, Madam President, I already
know the answer to that. The programmes are woeful-ly inadequate. [Those programmes], Madam President, in my humble opinion should be our priority, to
make sure that educational programmes, drug prevention programmes are in place for our most vulnerable. I was shocked to learn about a year ago that one
of the drug treatment programmes in Bermuda, which
was established to work with our young people, had been closed. I do not know why. But it has left a huge
gap in service.
Madam P resident, again some of the studies I
have read show that long- term chronic use and higher
dosages of cannabis are found to correlate with a
greater incidence of psychosis and schizophrenia. Madam President, I know I am addressing you and
the entire community right now. But you are a health
care professional. And I know that you are so much
aware of this. This point is particularly significant due
to the increase in drug potency over the years. And I
believe the most recent study I read said drug potency has continued to increase over the past two decades.
While the average potency has risen, Madam President, from 3 per cent tetrahydrocannabinol (TCH for short) a couple of decades ago, it can now vary from
9 per cent all the way up to a high of 25 per cent.
Madam President, if we walk around the City
of Hamilton we will see a number of people on our
streets who are there not necessarily because they choose to be there. But unfortunately, due to drug
abuse issues which have never been treated, they
find thems elves unable to function in society. It was
very interesting that I passed a situation as I walked here this morning. It was happening on the steps of
the cathedral. And I believe it was centred around someone who was having an issue. Perhaps it is related to drug abuse; perhaps it has led to a mental
health issue. But we know for a fact that this is happening here in Bermuda right now.
One of the arguments, Madam President, that
Government is putting forward for the licensing of cannabis is that it is too expensive to continue to have
all of these major court trials. Further, the incarceration of individuals is very costly. In my opinion, it
would be a lot cheaper for us to invest in our young
people and spend funds on effective drug education
and preventi on programmes. I know I sound like a
broken record right now, Madam President, but I can-not leave this alone. Education is a key component in
helping people to understand the consequences of
drug use. And it is essential that all of our schools are
equipped with teachers who have been trained and
resources to ensure that children understand, that
they get the message as to the consequences of their
decisions to use cannabis and any other drug.
Also treatment programmes, as I mentioned a
minute ago. We need to make sure that there are
treatment programmes that are specifically geared to
our young people. Madam President, I have talked
with local drug treatment officials. And I have found
that programmes are struggling for funding. However,
on the other hand, if the problem is that the programmes that are in place right now are ineffective, then changes need to be made so that new, more effective programmes are introduced. I feel that more
effort needs to be made to tackle the underlying cause
of drug use. And government funding is critical to the
success of such programmes. That is why on page 9, clause 15(4) of the Bill, I was wondering, Madam President, why it reads as follows. And may I just go
ahead and read that?

The President: Yes, you may, Senator.

Sen. Michelle Simmons: “The Minister may direct
that a percentage of sums received from licence fees
be applied for the following purposes —(a) the
strengthening of social programmes related to drug
abuse prevention and treatment; . . . .” (That is the
end of the quote.)
Madam President, I would respectfully suggest that this section should read, “The Minister shall
direct . . . .” This will make it a requirement that the
184 3 March 2021 Official Hansard Report

Bermuda Senate Minister must use a portion of the funds derived from
licences to strengthen social programmes related to
drug abuse prevention and treatment.
Madam President, of course my comments,
my remarks have been focused mainly on the effects of cannabis use on our young people. So let me just
go a little bit further. According to the Bill , people under 21 are not permitted to use or will not be permitted
to use [cannabis]. If this Bill passes through the Senate and is then signed into law, we will still have the
problems that we have today with many persons un-der the age of 21 having easy access to cannabis,
whether through the materials sold in licensed premises or indeed from the black market. Let us not fool
ourselves, Madam President, into thinking that the
illegal drug trade will cease. It will not!
In the Bill, the intention is that all cannabis
sold in licensed stores should be consumed there. We
all know some people will not adhere to that and will
want to take some of their purchase home to use later. If someone is caught doing this, as long as they are in possession of less than 7 grams of cannabis,
they will not suffer any legal consequence. However,
this also means that the cannabis they take away
could end up in the hands of someone else, perhaps even a school student.
Madam President, the Government says that
this Bill will br ing real change and economic opportunities. However, I spent time researching other jurisdictions which have a regulated cannabis trade. And I
found this. Since January 1
st, 2018, when the State of
California effected a legal commercial cannabis market, ev en though cannabis had been legal for medicinal use since 1996, the state put in place a regulated
market. But what they have found is the regulated
market has done a fraction of the business that was
expected. And that was due to the fact that there were very few licensed cannabis stores. I do not know why.
They do not know why. However, the state has shown
that more cannabis is being grown and sold illegally in
the black market. And it has been estimated, Madam
President, that the black market is much lar ger than
the legal industry. Therefore, the state has not really benefited very much in terms of increased tax reve-nue.
I also looked at the State of Colorado, which
has had recreational cannabis since 2014. One report noted that cannabis arrests, mostly for sale and possession, were cut by more than half —that is impressive—from 2012 to 2017. But what increased, Madam
President, was arrests for growing the plant illegally.
This increased by more than 50 per cent —50 per
cent! And seizures of illegal cannabi s have skyrocketed in Colorado as people attempt to circumvent the state’s licensing regime.
Further, Madam President, here in Bermuda I
have already been told that there are some persons with great means who are standing by, waiting, looking forward to availing themselves of licences to grow and sell cannabis. These are not persons who have
been disadvantaged economically in the past. Therefore, since the Government wants to encourage entrepreneurship in this new industry, will there be a
means test for t hose applying for licences? Or will
there be some kind of rank ordering of those who apply so that those who appear to have been economically disadvantaged in the past receive an advantage?
I am j ust wondering.
Madam President, I am close to concluding
my remarks, just a few more points. My greatest fear
about this Bill is that there will be increased —an increased—cannabis use even by people who would never have considered using cannabis in the past.
And that is because it was illegal to do so. I know that
not everyone agrees with this statement, but I believe
it. I also believe this will be followed by an increase in the associated negative issues associated with cannabis use. We do not need . . . and the “we” is Bermuda. We in Bermuda do not need to intr oduce another legal intoxicant into our society. And I know
some would say, Well, the intoxicant is already here.
But by making it legal to grow, to sell, to transport, to
bake, to produce, to manufacture items associated
with cannabis, is it not true that our Government is
trying to encourage use of cannabis? I would hope not.
By the way, Madam President, I know that we
often feel that Bermuda is another world. Many say
it—a bit too often for my liking. But my research has
shown that there are more than 50 countries that have
adopted medicinal cannabis programmes, while (and
this may surprise people) there are only three coun-tries all over the globe—three—that have legalised
recreational use of cannabis. And those countries are
Canada, South Africa and Uruguay. We can add to
the mix. [There are] 14 out of the 50 US states, two
territories of the United States and the District of Columbia. That is it. Do we want to go down this road?
Madam President, there are a few things in
the Bill that I would also still like to point out. On page
14, clause 24(1)(f)(i). This is the clause that deals with
the inspection of premises prior to . . . sorry, application for a licence. And it indicates in clause 24(1)(f)(i)
that there needs to be evidence . . . may I read this,
Madam President?

The President: Yes, you certainly may, Senator
Simmons.

Sen. Michelle Simmons: “[T]hat the applicant owns
the premises on which the activities which are the
subject of the licence will be carried on; . . . .”
And then in clause 24(1)(f)(ii), it talks about
“the written agreement with the owner of those premises to use the premises for those activities and a sur-vey or other plan of the land comprising the premises
or on which the premises are situated.”


Bermuda Senate I wondered why there is no n eed in clause
24(1)(f)(i) for a survey or a plan of the land. I know the
difference between the two subsections is that in (i),
the applicant owns the premises, and in (ii), they are
renting premises. But surely, it would be helpful to have a survey of the premises in both instances. Anyway, that was just something I noted.
Also, on page 36, in Schedule 3, paragraphs
4(2)(a) and 4(3)(a), I just wondered again why they
are so different in terms of requiring off -site security
surveillance in paragraph 4(3)(a), but not requiring off -
site security surveillance in 4(2)(a). Just asking.
And then further around on page 50, I noted
what comes across to me as ambiguous wording. This
is [Schedule 4, Part 3,] under the heading Mandatory
condition of retail shop licence, paragraph 10(1). “The
holder of a licence, his servant or agent shall examine the photographic identification as proof of age of any
person seeking entry into the retail shop who appears
to be under the age of 21 before granting access.” It is
the “bef ore granting access” that makes it a little ambiguous, because it almost sounds as though you are
just going to check their licence. Even if they are under 21, they may still get access. So it just needs to
be tidied up so that there is no misinterpretation.
Madam President, what changes will we see if
this Bill is passed?
1. Licenc es must be purchased to grow, import,
sell, export, transport, manufacture a cannabis product or conduct research.
2. Government will now be involved, even
though it is on the periphery. But government
will be involved in the cannabis industry .
3. There will be increased use of cannabis by
adults .
4. There will still be an active black market for cannabis .
5. There will be continued use of cannabis by
people under the age of 21, includi ng school -
aged children.
So what does Bermuda gain? Madam President, in my opinion, nothing—nothing that will help to improve our community.
Madam President, my fellow Senators, all of
those listening on radio or online, we have to accept responsibility for keeping our families, and especially
our young people, safe. My greatest concern about
this proposed Bill is that it does not do anything to
keep our children and youth safe. By adopting this Bill,
we will be laying a very heavy burden on our commu-nity at a time when we need to focus our collective
energies and wisdom on finding ways of pulling ourselves out of these economic doldrums. A cannabis
industry is not the answer to increasing government
revenue. It is not the answer to decriminalisation.
Mada m President, I cannot and I do not support this
Bill.
Thank you, Madam President.
The President: Thank you, Senator Michelle Simmons.
Well, Senators, I think that we have had three
submissions. Does anyone want to speak briefly? We will stop for lunch at 12:30.
Senator Wight, you would like to speak briefly? You have the floor.
Sen. John Wight: Thank you, Madam President. Yes.
I will be very brief as I normally am.
So, the headline for me, or my read of the Bill
in discussions with the Bermuda medical profession,
family welfare groups and other stakeholders in Bermuda is that I have great concerns about this Bill. The
lens through which I have reviewed this Bill prioritises
the health and welfare of Bermudians. The COVID -19
pandemic in Bermuda has been managed extraordinarily well by Government. The main reason for this is
that they have focused on the science as their priority—public health above the economy.
So with my priority being public health, particularly for our young adults, I sought first what the
medical experts in Bermuda felt about this Bill as potential health consequences; and secondly, with cannabis having been decriminalised and commercialised
in a number of states in the US, with Colorado being
the first, what first -hand statistics Ber muda might draw
from to determine what we might likely see in Bermu-da.
My first point of reference in understanding
the health risks was to read what the medical experts in Bermuda felt about cannabis and its effects on
people. Some may recall that the 2018 Throne
Speech referred to the possibility of a medicinal cannabis regime for Bermuda. The then Chief Medical
Officer in Bermuda produced her report, a public document, in October of 2019 on her thoughts. And with
your permission, I will just read one paragraph from
that document.

The President: You certainly may, Senator Wight.

Sen. John Wight: So the final paragraph of her report
spoke volumes to me. It said, “Most important in the role of the Chief Medical Officer is the responsibility to protect a nd improve the health of people of Bermuda.
The potential risks to physical health, mental health,
the social and psychological well -being of the people
of the Island with the current proposal is significant.
Feedback on health concerns was previously prov ided
by the Bermuda Medical Council. Developing a health- related industry which may not be able to obtain the necessary regulatory and quality standards is a risk that we can ill afford to underestimate. There is
potential for lasting harm to the well -being of the people and the prosperity of Bermuda.” [UNVERIFIED QUOTE] That is from the then Chief Medical Officer of
Bermuda.
186 3 March 2021 Official Hansard Report

Bermuda Senate I then contacted the Bermuda Medical Council, which is now the Bermuda Medical Doctors Association, to seek their views on this legi slation, to be
advised that there had been no consultation with Government, which I found very unusual. If we are prioritising the health of our Island, why would not the
governing body for medical practitioners be consulted
with prior to this Bill being s ubmitted to MPs and Senators to vote on?
I will not reiterate what Senator Simmons referred to with the Colorado statistics, but they were
quite alarming to me in terms of the increased emergency room visits, increases in psychosis, suicide,
increases in fatal motor vehicle collisions and a number of other alarming statistics.
I have spoken with family welfare groups in
Bermuda, and I have learned, not surprisingly, that the
number of families adversely affected by drug addiction continues to rise. The vi ew of one prominent,
highly respect professional Bermudian whom I spoke
to was this: “Regardless of the adult views on smoking cannabis as a pleasure or a vice, the legislation, if
passed, will establish a norm and send the message
to our young people that will greatly reinforce their
acceptance of it as a norm. As is proven with data,
smoking weed does become an addictive substance
for them and is a significant barrier to finding [employment], housing and a contributing place in society. There is much material data that shows the effect of
smoking weed on a person’s ability to think clearly
and effectively. For youngsters who start early, it inter-feres with their executive functioning skills and the
ability to make good judgments.” [UNVERIFIED
QUOTE] Those in my view are very concerning views
from a family welfare expert who deals with these issues on a daily basis.
While I prioritise public health above all in this
matter, which I am not qualified on —thus I sought
views from health and public welfare exper ts—the
matter of economics on this Bill is much closer to my
educational background and experiences in the workforce. From reading the Bill, the one certainty is the
spending to develop the infrastructure for this, which
is not minimal. There is reference in the Bill to the hiring of executive directors, to the requirement for inspectors, analysts, to even the payment of the people
on the Authority. But I have not seen any projections
on the revenue side of the equation. And as I listened
to the Minister of Finance deliver his budget speech,
he referred to the fragility of our economy. So this uncertainty does not align, in my view, with the fragility of
Bermuda’s economy.
The comment I have heard recently, that
Bermudians will smoke cannabis with or without this legislation, does not resonate with me. The time for
leaders to put values ahead of politics is now. This Bill sends a dangerous and concerning message to our
youth in particular. I am not willing to jeopardise the
health of more Bermudians so that a limited few may benefit financially from commercialising a product that
has so many detrimental physical and mental consequences, and compromises the healthy brain development of our young adults.
To repeat my opening remarks, the Government has done an outstanding job managing the
COVID -19 pandemic and related issues in Bermuda.
This was accomplished by prioritising public health
over the economy. They listened to the science. As it
relates to the Bill entitled Cannabis Licensing Act
2021, I ask the Gov ernment to reconsider this Bill and
again prioritise the science and health of our community above all else.
Thank you, Madam President.

The President: Thank you, Senator Wight.
Senators, it is now 12:30. And I am recommending that we adjourn for lunch. And we will return
at two o’clock. Not 2:15 as we normally do; we will
come back at 2:00.
Thank you.

Proceedings suspended at 12:30 pm

Proceedings resumed at 2:00 pm

[Sen. the Hon. Joan E. Dillas -Wright, President, presiding]

BILL

SECOND READING

CANNABIS LICENSING ACT 2020
[Continuation thereof]

The President: Good afternoon, Senators, and the
listening public.
Senators, we have returned from lunch. Prior
to [lunch] we were debating the Cannabis Licensing
Act 2021 and this morning we had Senator Jones, Senator Michelle Simmons, and Senator Wight speak
on the Bill.
The floor is now open for any other Senator to
speak.
Senator Richardson, you have the floor

Sen. Curtis Richardson: Thank you, Madam President, and good afternoon to all my fellow Senators and listening audience.
I would like to speak on this Bill that is being
presented, the Cannabis Li censing Act 2021. What I
would like to say, Madam President, is what this Bill is. This Bill is progressive. This Bill is a direct re-sponse from a responsible Government who is answering to the electorate. What this Bill is not is not
speaking to the legal isation of cannabis. I have heard
Senators and others speak of cannabis as a drug.


Bermuda Senate Cannabis is not a drug. I know that the impacts of
someone’s use of cannabis have been outlined by
other Senators who are concerned about its use. I
would like to point out that alcohol, although this Bill
does not speak to it, has damaging effects and it is a toxic that is used by persons of 18 years and older.
I believe that regulation is a key. Illicit drug
use is a target of that regulation. I do not know per-sonally any drug dealers, myself. So I do not know
what they would actually speak on and how much
money they are charging for the illicit use and trade of this cannabis, so I cannot speak on that as freely as
others may be able to.
I would like to speak further on a narrative that
I’ve heard. This narrative speaks to This Bill is not for
you. I would like to seek some clarification of whom
that “you” is. I am not sure if we are talking about Two
Bermudas where some section of Bermudians this Bill
is for, and I am not sure if it was meant that another
particular section of Bermuda this Bill is not for. I can
say confidently that this Bill speaks to the availability of an opportunity for all Bermudians. And the opportunity that I speak of is an economic opportunity for
those who want to [dive] into the entrepreneurship of
it. So I am not sure exactly who the “you” is. So may-be Senators who have spoken that [narrative] could
clarify who that “you” is that it is not for. I believe that it
is a bit of a disrespectful, demeaning and separative statement to say that this Bill is not for you.
The interested persons will do whatever they
must do to establish a business under the regulatory processes that this Bill would allow for. I believe that if
someone is interested in enter ing this industry to establish a business they will do whatever they have to
do to start that business up. I do not think someone’s
finances or the ability to pay for the start -up costs of
the business should be brought to question because it is presumptuous to say that someone would not have
the finances available to start up a business.
The illegal market of cannabis use and distribution exists. And I believe that we all know that. If we
do not do anything, [this would be] the worst thing that
we [could] do. Cannabis reform has been talked about
for many, many years. This Government is actually acting on what has been said and what has been
asked for and is responding responsibly.
I believe we need to be mindful that there are
opportunities for many to ta ke advantage of within this
Bill. This Bill speaks to different tiers of licensing that
has been outlined already: to cultivate, to distribute by way of retails shops, to import it, to manufacture for
edible as well as medicinal purpose uses, to export it.
What a wonderful thing that could be. And a research
licence allows for persons to get educated on exactly
what properties cannabis holds, to be able to transport
it in and around the Island for the purposes of com-mercial use.
I believe it is easy for anyone to see that there
is a great opportunity here. I cannot stress this any-more than to ask that any Senators who are doubtful
of this Bill to really think about the benefits that it can
do and not so much get hung up on the belief that
cannabis is a drug, cannabis is being misused. It is a
fact that cannabis can be regulated, the use and dis-tribution of it in many forms.
We are talking about economic stimulus, and
this is one of the ways that someone who is interested could take advantage of that. I do not think there is
any need to dictate scare tactics, scaremongering
about how hard it might be for someone to establish a business, how much it might cost to do that, whether
they can secure the funding or not. I just think it is unnecessary and it is distr acting. Again, focus on the
educational and learning opportunities that come with that.
If I could just jump to [the] progression timeline, it speaks to where this Bill is at. It is not the beginning nor is it the end of cannabis reform. And real
quickly, in 2016 the allowance of medicinal cannabis
was put into place by Government, under law. The International Narcotic Convention says you can important 1 gram of medicinal cannabis per year. I am
going to jump back to that a little later.
In 2017, the [Mis use of Drugs] (Decriminalisation of Cannabis) Amendment Act was put forward. In
2019, the Medicinal Cannabis Bill was put forward to
regulate cultivation, import, export and manufacture,
research, development and transport. And it speaks to
the licensing. So a natural progression from 2019 to
now, where in 2021 a Bill that was announced for the
Cannabis Licensing Act. I believe the progression, if
you jump back to the 2016 allowance of medicinal cannabis, it just makes logical sense for us to be able
to loc ally cultivate cannabis for medicinal purposes.
With the 1 gram a year restriction, or ability, I should
say, being already outlined to cultivate locally means that we can produce more than 1 gram a year. ( It can
be produced, not “we”). It can be produced in greater
volume.
I just think, as I close, that as I stated before,
this is just the beginning. I believe that full support for
this portion of cannabis reform is vital. And it is essential. And I believe that all parties who were not only a
part of the consultation, but also the persons involved
in actually implementing these plans and these Acts
and these Bills to put policies in place, need to be applauded. And if anything, concentrate on what the Bill
is and not on one’s perceptions of cannabis, which has many other derogatory terms used to describe it.
This, again, is progression.
And with that, Madam President, I encourage
anyone who has any doubt whether or not this Bill is
good for the community to really take another look at
it.
Thank you, Madam President.

The President: Thank you, Senator Richardson.
188 3 March 2021 Official Hansard Report

Bermuda Senate Would any other Senator care to speak on
this Bill?
Senator Tucker, you have the floor.

Sen. Robin Tucker: Good afternoon, Madam Presi-dent.

The President: Good afternoon.
Sen. Robin Tucker: Madam President, cannabis is
the most commonly cultivated, trafficked, and abused
illicit drug worldwide. This Bill establishes a Cannabis
Licensing Authority to control the cultivation, manufacture, sale, import and export of cannabis and medicinal cannabis. And it seeks to provide an opportunity to
allow disenfranchised persons to be able to participate
in the economy which is intended, at least the Bill
says, to create an opportunity to have an influx of
money into this country.
Madam President , there is no need to continue to talk, from my perspective, about the benefits of
medicinal cannabis. We all know that medicinal cannabis is available in Bermuda for people who have
medical challenges. The OBA sorted that out in 2017.
Madam President, the impact that the Black
market cannabis activity has had on Black males has
been very difficult to watch. Many persons convicted
of cannabis -related offences have been incarcerated
and prevented from traveling to the United States.
They have lost employment opportunities, educational
opportunities, sporting opportunities and other positive
travel opportunities available to them. I personally
know of someone who got caught with a joint when he
was 19 years old. He is now in his 30s. And he has a father in the US and he has been trying to get a green
card to go; he can’t. Or, at least, at this point he can’t. He has been trying for years.
The Government further wishes to make cannabis cultivation its use and its distribution legal without directly addressing the issues of those who have
already been negatively impacted by the justice system. For someone to establish a real profitable cannabis business, it will take significant time and financial investment to develop, particularly a cannabis ex-port business. They will need facilities for research,
proper testing facilities, [and] packaging facilities.
They will need to hire specialised expertise. That expertise is unlikely to be found in Bermuda.
I have done some research and conservative
estimates start at around $250,000 to establish a rec-reational cannabis business. Who has that type of
money? Certainly not the everyday people who have
been caught with the joint like the person I have mentioned. I highly doubt that the everyday person who
may be involved in the local Black market will have
$250,000 at a [minimum] to start a cannabis business. So is this corporate cannabis? Time will truly tell if this
Bill gets passed. But I believe it is. This Bill gives Government control of the local
cannabis industry. In ef fect, Government becomes the
primary dealer and encourages people to be in a business that has a negative impact mainly for our
Black Bermudian families. So, Madam President, we have Black people selling to Black people.
While there is an appetite by some to pass
this legislation, there are additional matters that must be considered. There has been no mention about
mandatory training for licensees and workers on the
health benefits and risks of cannabis. No mention of responsible sale techniques of cannabis and cannabis
products as a licensing requirement.
Has there been consultation with the medical
community for feedback on the health risks? I know
that Senator Wight did mention that one segment of
the medical community has not even been consulted by the Government. Some people only choose to
acknowledge the benefits derived from recreational
cannabis, but we must give attention to all the associated risks. Several of them have been mentioned here
today.
THC, tetrahydroca nnabinol, is the property in
cannabis that is responsible for making you high. It
can impair safe driving [and] pose issues for people
who are operating heavy machinery, which can lead
to an increase in accidents, workplace accidents and
so on. One of the problems is that there is no test
presently available to determine how much of that
THC is actually in your system. So if you got in an accident, Madam President, and you had also been
drinking alcohol along with your cannabis, it will be
very difficult fo r anyone to tell whether the cannabis or
the alcohol was primarily responsible for your impaired driving.
We have to also consider things that may
happen in the workplace. Employers who do not currently have substance abuse policies will certainly
need to shore them up. Employees may see regular
and more randomised drug testing. And employees
also should know that there is no protection in this
legislation for an employee who is disciplined if cannabis affects their work performance. And I only raise
that . . . I recognise that this is about cannabis licensing, but I raise that point as an additional thing to think
about when we are considering about whether to pass
this legislation.
Madam President, the most concerning thing
to me about this particular Bi ll is that this legislation
offers little to almost no real tangible protection for
children, persons who have mental illnesses, or addicts. It has been recognised by the Government that
these challenges exist.
Madam President, may I read a quote?

The Pr esident: Yes, you may.
Sen. Robin Tucker: “ It is recognised health risk s for
cannabis users are heightened for adolescents, perBermuda Senate sons with medical health challenges, or family history
of such, individuals with cardiovascular problems and
pregnant women. These high -risk factors can be
worsened by initial cannabis use in early adulthood, near daily use, smoking the drug and by consuming it with excessively high TSC levels.”
That quote was taken from an op- ed that the
Attorney General did in July 2020. So ther e is clear
recognition that there are health risks to the people of
this country.
Research regarding cannabis and teen development, as was mentioned here today, [shows] the
brain is not fully developed until age 25. The CDC
[Centers for Disease Control] notes that negative effects of cannabis for children include risks of mental
health issues, impaired driving, declines in school performance, and potential for addiction.
If I may, Madam President, I would like to
read another quote?
The President: Mm-hmm.

Sen. Robin Tucker: This quote has actually come
from the Government of Canada. And I think that this
is important to note because we are using Canada as our model.
This came from a Canadian Government fact
sheet. “Cannabis use that beg ins early in adolescence
that is frequent and continues over time has been associated with risks of harms. Some of those harms
may not be fully reversible. Youth are especially vul-nerable to the effects of cannabis on brain development and functioning. Thi s is because THC in cannabis affects the same biological system in the brain that
directs brain d evelopment.”
Madam President, this Bill allows also for
cannabis retail shops to sell dry cannabis, cannabis oils, edibles, and other forms of cannabis. Edibl e cannabis includes things like cookies, cupcakes, gum-mies, candies, sweets, beverages, and even ice
cream is available. Will the shops check every single
person’s identification to ensure that they are 21 years
or older? We are supposed to be checking identifications in our bars and it is not happening. So how can we be assured that it would happen in a retail cannabis shop? I am not confident that this is going to be
the case.
I do have to join, and I believe it was Senator
Simmons that asked this quest ion: If the science says
that the brain is not fully developed until 25 years, why
are we allowing people to do it at age 21? Now, in
case you are wondering if I am going off on a tangent,
I am not because I am coming back to the edible cannabis point that I was making. Edibles are ingested
and are alternatives to smoking or using cannabis in other types of ways. One of the important things to be aware of is the fact that edible cannabis, the effects of
the THC in the edible cannabis, may not be seen and
are often not seen right away. So someone could be high after having edible cannabis as much as eight
hours after they have had it. That is a huge concern.
Also, as it relates to edible cannabis, because
as I said, it could be cookies, it could be candy, i t
could be anything. We run the risk of even children
mistaking it for something that is a normal and a proper food for them to eat. There are serious health impacts for young children who ingest cannabis edibles.
I found a study that came out of Colorado.
The rate of marijuana exposure in young children,
many of them toddlers, they found increased 150 per
cent since 2014 when recreational marijuana products
went on the market legally. The legislation also does
not say a whole lot about mandating c hild-resistant
packaging and applying appropriate warning labels to ensure that our children are not adversely impacted.
Now, Madam President, it is no secret that our
young people, our adolescents, and our young adults
in Bermuda are using cannabis, whet her they are
smoking it, vaping, dabbing, using a shatter method,
eating or drinking it. However, it is our responsibility, it
is our collective responsibility, to ensure that we protect either those who are not able to protect themselves, or do not even r ealise that they need protecting.
I have heard quite a bit in the community,
people have made comments that parents need to
educate their children. And that is 110 per cent true.
However, Madam President, if we are honest, not all
parents are responsible. And some parents need to
be educated themselves on the potential harmful effects of cannabis. We have people in this country, we
have parents in this country who are using cannabis with their children. We need to tell the truth about
what is happening her e. Some parents have introduced it to their children. I know of a little child who is
five years old who has been taught how to roll a joint.
Not everybody is responsible.
The Government of Canada notes that cannabis use increases the risk of developing mental illnesses like psychosis and schizophrenia. As Senator
Simmons mentioned in her speech, cannabis use has
been associated with increased risks of suicide. It also
has increased risks of depression and anxiety disorders.
Now, Madam President, now despite some of
the myths that are going around about whether people
can be addicted to cannabis, they can be addicted to
cannabis. There is actually something in the DSM- 5,
and just to let people know what DSM- 5 is: it is the
Diagnostic and Statistical Manual of Mental Disorders ,
that the American Psychology Association [APA] uses
to diagnose mental disorders. The DSM- 5 includes a
disorder called “cannabis use disorder.” So it can be
addictive and also a psychological disorder.
Madam President, where are the local, social
and mental health cannabis impact studies? Have we
investigated whether there is a correlation between
poor educational outcomes, suicide rates, road traffic
190 3 March 2021 Official Hansard Report

Bermuda Senate accidents or mental health and cannabis abuse?
These are just to name a few of the c urrent social
harms that we have going on in this country.
The schools and social services agencies on
the Island are currently challenged. They are challenged because they are trying to help young people
who use cannabis [in addition to] other social problems in this country. That is not the only reason, but
that is a reason and things that are connected to it.
This legislation does not speak to that.
The biggest problem I have with it, Madam
President, is that it does not protect our young people.
It giv es freedoms. It gives people the ability to do their
thing and get high without the fear of the legal system,
to a certain amount. But it does not prevent young
people from using cannabis. And it provides insufficient safeguards to prevent easy access.
The research suggests that legalising cannabis results in increased use. So what additional support services will be in place to assist us? Is this the
best that we can offer our children? Is this what we want for Bermuda? The risks to the health and well -
being of our future generations outweigh any anticipated, particularly financial, benefits.
Madam President, while my comments may
be seen as maybe even overly negative by some, I
support the general intent of this legislation. As I mentioned earlier, we have a number of Black males, particularly, who have challenges. But I cannot support
this legislation as it stands. There are many critical
issues that must be resolved before we add any addi-tional social pressures. Government’s control, otherwise known as regulating the cannabis b lack market,
has potential to be quite profitable. But where do we
draw the line? We must put people over profit. The
question is : How will that money be spent? Will it be
spent on funding drug education and social pro-grammes to the level at which it should be funded?
Madam President, the country already struggles with alcohol and substance abuse issues. Physical and mental health challenges, people self -
medicating, crime, limited and oversubscribed support
services, poor educational outcomes, debt, job loss,
the list can go on and on. The question, though, Mad-am President, is what side of history do we want to be
on? The impact of passing this Bill, as it stands, to our
community, on our children and Bermuda as a whole,
will not be seen immediately but in years to come.
And those persons who are currently in support will bear some of the responsibility for the outcomes. This legislation must be gotten right first. If we do not, the
genie will be out of the bottle and there is no goi ng
back.
I will conclude with this, Madam President. I
have given this a lot of thought. But what I come back
to is, How can I as a citizen of this country, as a grandmother and a mother, be able to look my grandchildren in the eyes and tell them about the dangers of
cannabis knowing that I supported this Bill that has the potential to harm society and provides them with
little to no protection?
I cannot, and I will not.
Madam President, my hope is that the Government will take another look at this Bill. My more
optimistic view is that this Bill will not pass. I believe
that as Bermudians we are better than this. And I believe that it is incumbent on the Government and others to find another way to motivate and encourage
entrepreneurship and empower persons who have the
skills to engage in the cannabis black market —to
hopefully get them out of it —in order that they can
gain the wealth that the Government says they would
like them to have without doing it at the expense of
our Bermudian children and our Ber mudian families.
Thank you, Madam President.
The President: Thank you, Senator Tucker.
Would any other Senator care to speak on
this Bill?
Senator Smith, you have the floor.
Sen. Ben Smith: Thank you, Madam President.
Madam President, I would like to start where
this debate started in the beginning with Honourable
Minister Peets laying out the fact that he has to wear
multiple hats and what that means when he is trying to make a contribution in this kind of debate, because I
understand [about] wearing multiple hats: Shadow of
Education, Shadow of Sports and Culture, and the
National Swimming Coach of Bermuda. But all of
those align with my responsibility to make sure we are
doing what is best for our young people.
Mada m President, I waited last Friday in another place to hear the support that was going to
come from very important ministries and what their
position was on this legislation, and it did not happen.
The difficulty is that when you are making the kind of
decision that we are expected to make today, [which]
will have ramifications for generations to come . . .
because we do not know. We do not know what the
outcome is going to be, because the legalisation is
new in a lot of other jurisdictions, the ones we are
looking to for our information.
So, Madam President, I was really happy today to hear Senator Michelle Simmons speak on education, and speak to the potential risk to our young
people, because I expected to hear that from the Minister of Education. It is difficult for me to understand, when we are in the situation that we are in Bermuda
at present, with our people lined up to get food, with
our public education system having to be completely
started fresh because we do not seem to be able to
get it right and it has happened over and over again
for a continuous period of time, how this becomes the
priority.
If you told me that this legislation was about
getting our people off the stop list, then I would understand, because the communication that happened


Bermuda Senate prior to today was a lot on that line. We have people
who, over generations, have been hurt by the way the
legal system has dealt with young Black males, specifically, in an unfair way, because of the illegal can-nabis trade. But Madam President, this Bill does not address that. It does not address it at all. There are
some misconceptions that being on the stop list is just
for drug offences. It is multiple criminal offences that
put you in that category. It is als o the perceived drug
addiction or abuse that can put you on that list. That is an important thing for people to understand. You did not have to have a conviction.
So, when you look at the legislation, and there
are multiple times where it talks about the penalties and how we can see . . . yes, some areas will have
less criminality; but we are actually increasing other areas where we could see criminality. So are we still putting our young, Black males on the stop list? Is that
part of what we are trying to do here?
If you want me to clarify, the Minister talked
about when you go through the regulations of canna-bis, there will be areas where people who are not participating in the regular legal portion of what is being
put forward, will be criminals. In Bermuda you have
heard people say that we are scaring people when we talk about how expensive it is to do business in Bermuda. But that is a reality. If you are a small entrepreneur in Bermuda and you want to start up, it is expen-sive. But it is not just expensive with the money that
you have to pay, it is the time that it takes to do everything in Bermuda, which sets you up behind.
But the double problem is that it also puts the
advantage to the people who already have money, who already have the ability to i nvest, that already
have the infrastructure in place, the people who have
already set up all the contacts, the ones who are presently hoping that this Bill will pass so that they can start to make money off of giving marijuana to our
people.
So, Madam President, it was interesting that
we did not hear anything from the Minister of Health.
But today when we hear from Senator Wight some of
the information that was provided to Health, you can
understand why —because it does not fit the narrative
of moving in t his direction. If the risks are that high,
then shouldn’t we be looking at how we are going to
safeguard our population? Shouldn’t that be the priority?
Madam President, in my opinion, we are putting the cart before the horse. If it is important for us to
educate our people and to give the support to the services that it is going to take for drug counselling and
prevention and all the support that is going to be
needed for the issues that come when you decriminalise fully and commercialise cannabis, how ar e we doing that? Is that going to happen from the Bill that we
see?
Madam President, it is an interesting numbers
game. If you have to hire one person to be in charge of whatever the new regulation is going to be, let’s
think about what the salary is. Then tell me how many
licences we will have to give to cover the cost of that
one person. The reason I bring that up is because
when you look at the other jurisdictions that have done this, they have actually brought in millions, if not
billions of dollars in revenue from the taxation of cannabis. Minister Peets was very careful to leave taxation out. He said that that is not something that we are
going to be discussing today. I am paraphrasing.
Those were not his exact words, but I noted that it was not available today.
But it is important that we have an understanding of what that is because there is a cost of regulating cannabis. A significant cost, because the
millions and billions of dollars that have been brought
in by California and Colorado and Canada have not been able to cover the cost of the regulation. Bermuda
is a much more expensive jurisdiction, so if we think
that we are going to be able to cover our education,
cover our regulation, cover the protection of our children, cover all the increases of hospital visits, cover
all the costs of fixing walls that people are driving
through just off the licensing, then we are not being
honest to our population.
Most of the states in the United States have
moved toward this because they saw the revenue of the taxation. But understand something. When you tax
cannabis in Bermuda, you are comparing the black
market that is flourishing today to regulated business
which already has costs associated with it to pay for
your employees. If you are now going to have a brick -
and-mortar establishment, you are going to have to
pay for the electricity, the insurance. Your employees are going to have benefits that you are going to have
to pay for. All of those costs will make your product
look different than the black market product.
But the starting point will make it look equal
because we will not have a tax. But what happens
when the tax comes? If I am the person who spent all
of my time and energy to put in that cannabis business, and did everything that the Government is expecting of me to follow all the regulations, and now I
am having to share the market with the people who
are not following any of those rules, I am not going to be happy about it. And that is when the rubber will
meet the road. That is when we will fi gure out whether
the corporate cannabis that we have created will be
the ones that will challenge the system and have us criminalise the people in the black market —that same
black market that is still flourishing in all the jurisdic-tions that everybody in here who has done their research has looked at, across the board. The black
market is still flourishing.
So, Madam President, if we are not going to
stop the people [who are engaged in the black market], and really if you cut to the chase, mostly the
peop le who are going to have access to the business
are going to be the ones who already have the means
192 3 March 2021 Official Hansard Report

Bermuda Senate to do it. The two main points for doing this have gone
away. So our focus should be on how we can prevent
our young people from getting engaged in this industry because that is the part that is a little off. Either we
are really exci ted about the cannabis industry and we
are going to encourage our young people to take part
in the cannabis industry because we want people to
participate in cannabis, or we are g oing to spend all of
our time and energy to tell them and educate them that they should not be participating in cannabis. It is
confusing. Which one are we doing?
Madam President, another reason why the
black market is going to look at this legislation an d
wonder why they should change is because when you regulate it you are going to have an expectation that,
yes, you are protecting your people. So you are not
going to have the same THC level. You are not going to do things [at] the level of the black mark et.
Well, Madam President, let us not be confused. Most people when they talk about the positive parts of cannabis always refer to the medicinal. But recreational cannabis is about getting high. So for us
to think that we are going to control the high is naïve,
because the market will determine that the people
who want to get high are going to find that high, which will mean that that other business will continue to
happen. Why wouldn’t it?
Just remember, at present, we have no way of
banking it. So what is the incentive? What is the incentive for the person who is right now making a lot of
cash and putting it in our economy by paying for things in cash, and the new business [which] will have
the same issue? Because if you do your research into
setting up these businesses in California and in Colorado, specifically . . . I contacted a business owner
and said, Can you explain the details from the beginning to the end? What does it look like? With the amount of security that you have to provide, not only
to protect your product, but to protect the proceeds —
because you cannot bank it . . . so now you have lots
and lots of cash lying around. Well, it seems like when
you have a country that has an economy problem, you
have increased the interest in a criminal ac tivity. The
reason you have to have all the security is because
people want to take that cash cow that you have created from you for themselves. This is not the part of
the story that most people tell when they are speaking
for cannabis.
Madam President, this is not us saying that
we are against cannabis and against people who par-ticipate in cannabis, specifically adults who are responsible. That is not what this is. But, Madam President, when you do this without having all of the pieces
in place to protec t your population, knowing in advance what impact it has had in other jurisdictions, you are putting the cart before the horse. Our job needs to be to protect our people.
Once again, for our young people . . . so the
age is 21. Well, the age for drinking in Bermuda is 18. That does not stop people from drinking. But one of
the things that happens with alcohol is its availability.
There is wine and beer or bottles in your house, so
the child has access to it when parents are asleep.
And this is not stuff that . . . I mean, everybody in
Bermuda knows that this is the case. It happens all
over the Island. The cannabis behaviour is in the
shadows. It is not in the open. You do not have the
same level of availability because at the moment you
cannot do just what ever you want with it. But now it
changes.
And whether we like it or not, it is not always
the message but the messenger. When the Honoura-ble and Learned Attorney General is the person that is
bringing the Bill forward while also holding the responsibility to protect us from drugs, and when the
Minister of Sport is expected to be the person to bring
it to us in the Senate . . . man, what a message to our
young people.
Just understand that our athletes will not be
able to partake. They are still going to get tested.
They still will not be able to travel if they get caught
out. But the mind- set, the perception will have
changed. And the people in Bermuda who are working hard right now to encourage our young people to do
the right thing, to encourage our young people to
strive for the best, to be able to compete on a world
stage in sports, in education, and in business . . . what
message are we sending them? That this is our priority? How did we get here? We know the risks. We
have all explained, we have heard it multiple times
today, we know the risks.
Madam President, I can speak personally of
the impact, not based off of hearsay. Many of you would have seen in the paper recently that a former
Olympian from Bermuda was down and out, drug
abuse, and had a strok e. He is the same age as me.
He was a swimmer. I grew up with him. He was one of
my best friends, one of my cousins. He is a family
member —one of the most talented Bermudians ever.
Alcohol, then marijuana, and then the marijuana was laced, and now he ends up where he is.
I understand the idea that this legislation is
supposed to try to protect this next generation from
the laced part. But how? We have not stopped the black market. If we have the ability to stop it, let’s do it
today!
There were some stati stics that were presented today on the consumption of different drugs. And
we have heard this . . . I was actually shocked the first
time I heard it last week in another place, but I actually heard it again today. [We heard] that cannabis is in
our culture . Well, if you actually listen to the stats that
came out today, the fact that we consume alcohol at a
very high level, and cannabis very closely to that, then
maybe alcohol and alcohol abuse is also a part of our
culture. But do you know what the problem with that
is? Our job is to try to get our country to do better. We
should not be going around telling everybody that the


Bermuda Senate culture of Bermuda is cannabis because now the culture of Bermuda is we self -medicate.
That is our culture.
We self-medicate because, Madam President,
there are a lot of problems in Bermuda. And what we
are doing is making ourselves numb every day so that
we do not have to deal with those problems. Well,
Madam President, giving access to more things for us
to numb ourselves with is not the answer. We actually
need to tackle the problems. That should be our priori-ty. That should be our focus. Unless what we are say-ing is, We are giving up. It’s okay that our young people are drinking too much. It’s okay that they are doing
too much cannabis. Oh, you know what? We are going to regulate it; that is going to make it better.
We should be spending all of our time and
energy to educate them to prevent that. But Madam President, we do not have the resources for that today. The people in that industry, the people who are in
our support industry, know we do not have the resources because it is so prevalent. And as the econ-omy gets worse, and the situation in Bermuda continues to go in the direction that it is going, the s elfmedication will continue to rise.
Madam President, the question that we have
to ask is, Is corporate cannabis going to help that or slow it down? I think that what we should be doing in
this Senate is trying to prevent that negative impact on our population. Because guess what we do? We have
sin tax over here. We are going to increase the tax on
tobacco, and we increase the tax on alcohol, and it is supposed to be a way for us to reduce the consumption of those but the truth of the matter is that it just
becomes money that we dump into the pile and the behaviour stays the same. We added one. We added
sugar tax because we have an unhealthy population. We did not do the education first. We did not try to fix the problem first. We taxed it.
Once again, we have moved to the money
side of this first. Fast forward five years from now; will
we be continuing to increase the tax on cannabis in
order to control the consumption the way we do alcohol and tobacco?
And, Madam President, this is not me defending tobacco and alcohol businesses that happen now, as some people would like to put forward. And we are
stopping the Black entrepreneur from being part of the
cannabis industry. Because last time I checked, there
is not anything in the Bill that says that a whit e person
cannot get involved. So Black or white, getting involved in this business is a possibility, unless there is somebody who is going to tell me that there is an
amendment that puts race in who can have a licence.
But Madam President, I believe after looking
at this Bill and the fact that it does not deal with the
stop list, the fact that we will continue to see a black
market , we will continue to see our people be made
out to [be] criminals, the fact that we will continue to
see our young people fall ing prey to the cycle of self -medication . . . then maybe that is why this Bill is a
corporate cannabis Bill. And five years from now we
will see who the future Gosling family is for cannabis,
because other than that it does not make any sense
how we got here.
If what we are discussing today is how we can
take advantage of our people to make money, then
this should not be happening. For that reason, Madam
President, there is no possible way that I can support
this. Not when I spend my days trying to encoura ge
our young people to reach their full potential. That
should be our goal. Because if we can get our young
people to reach their full potential in education, in the
workplace, that is how Bermuda is going to get out of
our issues and start not just surviv ing but thriving.
We cannot put another obstacle in their way.
Thank you, Madam President.

ANNOUNCEMENT BY THE PRESIDENT

SENATE VISITOR
The President: Thank you, Senator Smith.
And before I ask if another Senator wants to
speak, I would just like to acknowledge the presence
of the Honourable Cole Simons, the Opposition Lead-er.
Welcome to the Chamber, sir.
[The Cannabis Licensing Act 2021, second reading
debate, continuing]
The President: Would any other Senator care to
speak on this Bill?
Senator Lindsay Simmons. You have the
floor.

Sen. Lindsay Simmons: Thank you, Madam President.
First of all, I would like to thank the Attorney
General and her team for bringing this Bill forward. It is definitely needed. It is actually disappointing to see
the other Members opposing this Bill. At the end of the
day, this journey is not over regardless of what the
outcome is today.
As somebody who has never used cannabis, I
100 per cent support this Bill for various reasons. I
believe that cannabis should be al lowed under the
Government’s regulatory powers in Bermuda under the current legislation. Cannabis is a plant and is natural. It can help many lives if it becomes regulated. One
of them is to reverse the preconceived notions, remove unfamiliarit y and to educate people on the
known and unknown about cannabis.
Over the years I have constantly been an advocate for young people within the community and I
have seen several of them caught up in the system
because of minor cannabis offences. This legislation
aims to protect our children. As a community, any pol194 3 March 2021 Official Hansard Report

Bermuda Senate icy on cannabis has to primarily consider the potential
that impacts our children and young persons. The
Government fully shares in the public’s uneasiness
about the potential negative impact upon young people.
Our young people’s attitude to cannabis is
generally responsible. They largely perceive that
smoking cannabis sometimes or frequently is harmful.
On average, 80 per cent of school -aged kids report
that they have used cannabis in their lifetime. Accord-ing to them, cannabis is easy to obtain. Young per-sons are more likely to use cannabis at a friend’s
house, at home, or a social event. Most young people
who admit to using cannabis have smoked it.
This Bill has set an age restriction of 21 to
obtain a licence to work for a licenced establishment
and to consume cannabis or cannabis products. Set-ting an age of 21 is to protect the developing brain,
based on strong scientific evidence that wh en people
begin using cannabis as teenagers the drug may impair thinking, memory and learning functions, and af-fects how the brain builds connections between the
areas necessary to function, including the loss of IQ.
The adolescent brain is thought to stop developing at
the age of 25. Bermuda is following the Canadian
model which sets an age limit of 21. [If the] age limit
[is] any higher than 21 [there is the] risk potential ly of
exposing the age group (21 to 25) to [charges of]
criminally supplying cannabis. Also, constitutionally
claims of discrimination can occur .
Madam President, the National Institutes of
Health has undertaken a 10- year scientific study
called the “ABCD Study” [on] adolescent’s brain, cognitive development and soft issues, including canna-bis. The result of this study will give greater certainty
about the harmful effects of cannabis on adolescent’s brains and cognitive development.
This licensing regime will also include restrictions on promotion and packaging of cannabis directed at y outh, [with] additional express provisions
placing restrictions on packaging of cannabis and cannabis products so that they are not seen to be appealing to youths. This will be legislated. Until the
medical research is conclusive, the intention is to take a cautious approach for our young people, reducing
the age limit for cannabis among adolescents and
young adults.
The Cannabis Licensing Authority will work in
partnership with the Department of National Drug
Control (DNDC) to develop the educational pro-grammes for school -aged persons, emphasise personal responsibilities and promote abstinence. The
DNDC will continue to monitor and track cannabis use
data among young people and adults and supply reports to the Minister responsible for drug prevention.
Cannabis use public awareness campaigns
will be focused in the same way as alcohol. As you see Madam President, alcohol is a huge problem in
Bermuda. And we feel that the black market of canna-bis needs to be regulated as well. The criminal offence related to pr oviding cannabis to a person under
the age of 21 with penalties is also included in the re-gime. So we are looking to protect our young people,
unlike what my fellow Senators are trying to say. Young persons found in possession of cannabis will
automaticall y be diverted into a substance abuse
training or treatment programme. To protect the public
from dangerous strains of cannabis the Minister may
restrict the sale, supply, cultivation, importing or manufacturing of certain strains of cannabis or medical cannabis. These and other protection measures will
continue to evolve as the regulatory regime is to enhance additional regulations. The Minister will be responsible to keep the operations of the Act under review. After two years of the law being in operation , the
Minister is responsible for conducting a comprehensive review and report to the Legislature.
Madam President, in addition, a fair legal system would be [that] the Government looks to move the cannabis sales out of the streets that are being dominated by criminal activity. Our Black men are being
disenfranchised, and continuing this line will only disenfranchise them more. Regulating it will help to stop
disenfranchising our Black men.
By regulating the market we can begin to ensure that criminal gro ups and gangs do not make billions of dollars in profits every year. And those strict
regulated sales could safeguard people from consuming cannabis polluted with other dangerous —

Sen. Marcus Jones: Point of order, Madam President.
The President: What is your point of order?

POINT OF ORDER
[Standing Order 49(10)]
Sen. Marcus Jones: My point of order is . . . as good
and as well as the Senator is doing, it appears that she is reading more than she is actually giving the
speech. I would like for you to arbitrate that.
Thank you, Madam President.
The President: I am giving her the opportunity to . . .

Sen. Lindsay Simmons: Thank you.

The President: Carry on, Senator Simmons.
Sen. Lindsay Simmons: And this will safeguard our
young people.
Now is the time that we are progressive as a
country and we regulate the recreational use of can-nabis. I believe that this Bill needs to be passed and I
hope that the Senators on the other side will realise that this is the only way forward. Doing nothing and
continuing down the same road is not helping BermuBermuda Senate da. So passing this Bill is something that needs to
happen.
Thank you, Madam President.

The President: Thank you, Senator Lindsay Simmons.
Would any other Senator care to speak at this
time?
Senator Hodgson, you have the floor.
Sen. Adrianna Hodgson: Thank you, Madam President.
Madam President, when I look back at 2017
and I think about the full support for passing the [Mis-use of Drugs] (Decriminalisation of Cannabis)
Amendment Act which decriminalised simple possession of up to 7 grams of cannabis, I am a bit confused about the reluctance to suppor t this Bill. While it is
unfortunate that we cannot tell where exactly the Opposition Senators stand, giving their hesitancy to take
a clear position, I am not surprised. Once again, the Opposition has failed to give any substantive recommendations on how this legislation could better serve
our people. And [as] I reflect on the comments from
the Government Senators, I cannot help but wonder what they have done as educators and health care
professionals to address the issues that affect our
young people. Madam President, given the misinformation
shared today I think it is important to highlight a few items. 1) There are protections with further regulations
to come; 2) health professionals were consulted;
3) we are not here to debate whether or not cannabis
is bad or good.
Madam President, in light of the comments
made by the Opposition Senators I am also concerned about their perception that the average Ber-mudian cannot compete in this space. I want to make
it clear that if persons have figured out how to i llegally
import cannabis over the years, that my Bermudian
people can start and grow legal businesses in this
new industry.
Madam President, over the past few weeks I
have heard comments that suggest that this Bill will expose our children to cannabis, that this Government
supports the use of cannabis, and that our Government simply wants to make money off of this new industry. Besides the fact that our children are currently
being subjected to the effects of an illicit market, I
want to make it clear that there are no taxes provided
in the cannabis licensing Bill, and that this Government is actually excited about giving persons the best
opportunity to succeed in the initial phases. In that
same breath, a profitable motive is not a bad decision.
And if the Government can make money off of a good
idea, I believe that we should explore it.
Madam President, there are also those persons who believe that this Bill will lead to a drastic
increase in consumption amongst Bermudians, and this is simply not the case . There is no evidence to
suggest that the introduction of a regulatory framework will increase the number of users, or that the
amount that they consume will increase. If you do not
use cannabis, Madam President, it is because you do not want to. It is not because it is illegal. When our
party released our platform last year, we committed
that, following extensive consultation, Bermuda’s new
cannabis industry would soon take shape. Madam
President, we promised that we would structure the
regulation of cannabis to protect our children and cre-ate economic opportunity for all, and that the additional revenue generated would be invested in marginalised communities. We also pledged that all Bermudians who have been negatively impacted by cannabis
prohibition would be able to apply for a licence and
participate in this new industry. As noted in our Throne Speech, we are making good on our promise
to bring this Cannabis Licensing Act to the Legislature
in this session. And so, again, I am challenged when I
hear per sons pushing a narrative that suggests that
this party would hide behind the Cannabis Licensing Bill to push our ideals on independence.
Madam President, the debate around the legalisation and regulation of cannabis began way back
when it was first prohib ited. And so it is no surprise
that we are here today. As most of us are aware, cannabis is the world’s most widely used illicit substance.
Bermuda is no different. While there are those who
point to the dangers, including the possibility of abuse
and addi ction, particularly among young people, we
have to acknowledge the fact that the perceptions of cannabis have changed drastically over the years and that we now better understand the endless uses of
this plant.
Madam President, the truth is that when we
look around our Island persons under and over the
age of 21 are both using and cultivating cannabis.
This is exactly why we are exploring the regulatory
framework. This is not about encouraging or discouraging its use; it is about the need to set parameters .
Madam President, while we acknowledge that
there are public concerns about the children, I do believe that we have an opportunity which begs a responsibility for us to educate our children on the truths of cannabis. Much like we teach our children abou t
swearing, alcohol, and the effect of media consumption, we need to be able to talk to our children about
cannabis and other grown- up activities.
Madam President, I was actually visiting a
book store last year and came across illustrated chil-dren’s book about cannabis. It was interesting because while I was a bit uncomfortable about the idea, I was actually forced to think about the fact that talking
about cannabis should be no different than talking
about alcohol or the modern idea of sex -positive parenting.
Madam President, we are all adults here. The
truth is that when we as adults hide something from
196 3 March 2021 Official Hansard Report

Bermuda Senate our children it suggests that we are doing something
wrong. By avoiding these important conversations
with our children, we feed the stigma around cannabis
and they become judgemental of it.
Madam President, scare tactics and fear -
based approaches have not been effective in preventing substance misuse and in some cases have even
contributed to increased rates of use. When we fail to
provide guidance, our children are left to make their
own decisions and our schools and neighbourhoods
deal with the consequences.
Madam President, before I wrap up I think it is
also important to acknowledge that some employers
are concerned about the implications for employees.
Many employers maintain zero tolerance policies on
using drugs in and outside the workplace and naturally do not want their employees showing up to work intoxicated. Do not mislead. These new cannabis laws
do not prevent employers from applying their workplace safety policies, nor does it allow employees to
ignore workplace policies.
Madam President, while most cannabis use
happens privately, all cannabis sales currently take
place in an illicit market that is undoubtedly driving
organised and gang- related criminal activity. Our
Government has made a responsible start. We have
been guided by the objective of reducing the harms
that cannabis can cause, especially for our young people. And we are ensuring the appropriate oversight
at every point in the supply chain.
Madam President, while millennials tend to
take more of a liberal position when it comes to major
issues, the statistics prove that when it comes to cannabis our views are very similar to the senior mem-bers of our society. This Government has no intention
of legalising or encouraging the use of cannabis. In-stead, we are providing a balanced cannabis licensing regime whereby the industry will be regulated by an
Authority. Our people will have access to economic
opportunities and it will be able to better protect the
public health by ensuring the quality of products being consumed in our communities.
Madam President, we cannot just put our
heads in the sand and hope for the change we so desperately need. The first step was decriminalisation.
Possession of cannabis up to 7 grams remains lawful,
and possession of any amount above 7 grams without
a licence is subject to seizure and arrest. This new
law will go a step further and permit lawful cannabis
activities at licensed locations, which means that adults over the age of 21 will be able to consume
cannabis in a private home, in a licensed facility, or at
a cannabis licensed event.
Madam President, I want the public to understand that use and consumption in public places re-mains illegal, that car rying out any of the specified
activities without a licence is an offence and that driving under the influence of drugs will still be punishable
by law. Cannabis retail shops will not be allowed with-in 100 feet of a church or a school. And planning and
zoning laws will still apply to cannabis retail shop locations.
And so, Madam President, while this legislation may not be perfect, I do hope that you will support this Government’s efforts to set up a regulated framework for cannabis industry complete with l icensed activities and responsible cannabis use for adults. To the
entrepreneurs, the elders, and the members of constituency 23 who are looking forward to the passing of
this Bill, I ask that you stay tuned. While the lack of
support is disappointing, it is consistent with the historic narrative that has never benefited our people.
Rest assured that this journey has just begun.
The democratically elected representatives of the
people fully support this Bill and I have hope that we
can move this legislation forward in the best interest of our people.
Thank you, Madam President.
The President: Thank you, Senator Hodgson.
Would any other Senator care to speak on
this Bill?
Yes. Senator Owen Darrell, you have the
floor.
Sen. Owen Darrell: Good afternoon, Madam President.

The President: Good afternoon.

Sen. Owen Darrell: Good afternoon to the listening
audience. Good afternoon to the Attorney General.
Good afternoon to the Opposition Leader. Good afternoon to the officers who are in these Chambers today
to assist with this debate.
First of all, Madam President, before I get into
some remarks that I have jotted down over the last
couple of days, weeks, [and] months in preparation for
this debate, I would like to just touch on some of the
points that I have heard in this debate that has been
going on for the last couple of hours.
First of all, Madam President, cannabis is a
plant. And if you look in Part 1, section 2 of the Bill
that we have been debating today, it states: “All parts of any plant of the genus Cannabis . . . .” It is not a
drug, Madam President; it is a plant.
I do not like the use of the word or the term
“black market .” I do not know [why]; I just do not like it.
But we have heard that all day from other Senators
that have been debating today. I like to use the term
“illicit” or “illegal” market. Also, I heard the term “floodgates” mentioned. And I would like to say, Exactly.
The floodgates of cannabis use in this Island are already wide open, Madam President. And that is w hy
this Bill sets out a regulated cannabis regime, so that we do not have to worry about the floodgates opening
any further.


Bermuda Senate “Legal.” I have heard that term quite a bit. Legalisation. In this Bill you will not find the term “legal.” I
do not think any of my colleagues today have mentioned the term “legalisation.” We are introducing a
regulated cannabis regime, not legalisation. There has been a lot of talk about money —money, more money.
One Senator said the dealers he know s will not be
able to afford to join the regulated market. Well, that is probably a part of t he problem. We have got Senators
fraternising with drug dealers. I will leave that for a little later.
Stop lists. We have heard much about the
stop lists and how we are going to get people off th e
stop list. Well, let’s start here. How do we stop our people in this country ? I have not heard Bermuda
mentioned a lot in this debate. How do we stop our
people from getting on the stop list in the first place? And we can worry about how we are going to get
them off. But I think that there is a Bill that is going to
come on Friday that will speak to that in another
place.
Safeguard, safeguard, safeguard, safeguard.
We have heard it all day. I would like to ask this question: How well are we currently saf eguarding individuals from consuming cannabis in our Island at present?
Is doing nothing going to stop students from consuming cannabis in our school bathrooms, in our school
stairwells, on their walk to Hamilton, or hanging out in the car park? I do not t hink so. [To] take safeguards a
step further, I heard another Senator in our debate today (she may have been a candidate in constituen-cy 7 where I live) brag about how she knows of a 5 -
year-old who knows how to roll cannabis. I think we
will probably be fi nished before five, maybe that Senator should take a walk right down to the—
Sen. Marcus Jones: Point of order, Madam President.
Sen. Owen Darrell: —Department Child and Family
Services.

Sen. Marcus Jones: Point of order, Madam President.
The President: What is your —

POINT OF ORDER
[Impugning integrity]

Sen. Marcus Jones: I believe the Senator is trying to
assume or assert that one Senator is bragging. That
was a word that was not used. He is impugning her
character and, Madam President, I believe it needs to
be stopped. Thank you, Madam President.

The President: Senator Darrell, you can continue
without the reference ––
Sen. Owen Darrell: Thank you.
The President: —to the Senator.
Sen. Owen Darrell: Madam President, it was mentioned last week, and it is ironic that the Minister responsible for culture brought this Bi ll in this place today. But as I said a minute ago, we have heard very
little about Bermuda and the culture of the place
where I live, the individuals that I hang out with, the
people that I talk with on a daily basis. We have heard very little about culture. Money, youth, black market ,
but nothing about real life as it pertains to what is
happening right now and for the last 50 years in this
country.
So, I want to take some time to just go
through some of these notes that I have put together over the last , like I said, days, months, weeks.
As we heard earlier, it has been 49 years
since we first saw the Misuse of Drugs Act 1972. And since then countless young, Black men, Madam President, have had their lives ruined by the heavy -handed
approach of the criminal justice system when it comes
to the issue of cannabis. Madam President, in the
Bermuda that I live in there is no shortage of stories
up and down this Island about men in their twilight
years who are unable to travel to the US, unable to go
to Canada, or celebrate graduations, accompany their
family members on medical procedures or just get
away for a shopping trip.
I want to pause and tell a very, very sad story
about a young lady who went to school with me. I do
not know when it happened, but [she] got in some
trouble due to cannabis. I never knew this, but at
some point she must have been added to the stop list.
I got a call in my professional capacity one day asking
me, What can you do to help your school friend? She
is in desperate need of medica l attention. What can
you do? Who can you call? It is desperate.
I made a few phone calls. The person on the
other line said, We’ve had calls about this all day.
I said, Please, please, please help my
schoolmate. She is on the stop list.
Sad, Madam President, that my school friend
got a waiver. She got a waiver on Wednesday. Unfor-tunately, she passed on Tuesday. So we can sit here
and we can talk about taking people off the stop list
and what it will not do, but, Madam President, that is
culture. That i s real talk. That is a real life situation.
Madam President, there are young men in this
country who have used small amounts of cannabis. They have gotten caught. They have been sent to jail.
They have paid their debt to society only to re- enter a
societ y with more shackles then when they were actually incarcerated. I have heard recent accounts of
individuals —yes, they call me all the time—saying,
Hey, I came out of jail. I have a job. I ’m providing a
legitimate service to my community. I have reputable
customers. They pay me good money. But guess
198 3 March 2021 Official Hansard Report

Bermuda Senate what? Because of their cannabis conviction, the bank
will not bank their money. So maybe that answers the
question of another Senator earlier when he sa id that
the drug dealers he knows are not going to have any
money to get involved in this regulated cannabis in-dustry.
Yes, they already have the money. It is because the bank won’t bank it. It is sitting up in a safe, maybe in their grandmother’s closet, which causes
other issues of criminality in this country . Maybe by
the time this Bill passes they still have that money and
they have not been robbed. One can say, Oh well,
tough. Those are the consequences for breaking the
law and we shouldn’t move the goalpost to accommodate those who choose to break the law. That view
would be fine, Madam President, if, if, if, if, if, if, if that is where the story actually ended.
However, the justice system shows us glaring
disparities and inequalities between Blacks and whites
when it comes to criminal convictions connect ed to
cannabis. Why is it that it seems that the police prey
on the little guy and go after the most vulnerable when
cleaning up the Back o’ Town streets? Yet certain establishments in the front of town that are known by
everybody to engage in more harmful and openly illicit
activity, go unbothered?
Madam President, I am going to pull out my
pom- poms now. I am proud to be a Member of the
Progressive Labour Party, a party that is willing to
challenge the status quo and those who are content to
do nothing when it comes to the issue of, yes, Madam President, cannabis use in Bermuda. I am proud to be
part of a party who are willing to be bold in looking at
ways to reform issues while ensuring that we take a well-balanced approach to such reform.
Madam President, unlike some Senators that I
have heard from today, it is no secret that cannabis use in Bermuda is vast. Anyone who enjoys an outdoor event often speaks of the one location in those
grounds where cannabis use is prevalent. This is how
connected I am to the community. I have even heard it
referred to on numerous occasions as “Cannabis Corner.” It is almost as if to say that cannabis use is accepted and tolerated as long as you stay in a particu-lar section of the grounds.
Let me tell you another bizarre s tory, Madam
President, if I may. I like to tell stories sometimes, but these are real life stories —culture. I walked into an
establishment and, like I do sometimes, I asked for an adult beverage. The person in the establishment said to me, Sorry, we do not serve alcohol while youth
practice is taking place. Check this one. The irony of
that is that in order to get into the establishment I had
to walk past a group of young men smoking cannabis
in open sight. Isn’t that something? The sale of alcohol was regu lated, but the use of cannabis was not.
Imagine that. And we talk about safeguards.
Madam President, the Bill that we have in
front of us today is not a referendum on whether or not you agree with the consumption of cannabis. What
we have today, Madam President, is an opportunity to
introduce a regulated cannabis regime which will put
safeguards in place and reduce the rampant —yes, the
rampant —illicit cannabis market that already exists in
Bermuda. A regulated cannabis industry will bring
clear structure and oversight to an illicit market that
many will say has gotten way out of control, to extremely dangerous levels. Those are the safeguards
that we should be worrying about.
Madam President, I consider myself to be fortunate. Many consider me a lot of thi ngs, but to my
peers I am considered a social butterfly, or a people person. With that said, over the last couple of weeks I
did something that many in this Chamber may not
have done. I asked a few people inside and outside of
my circles to share their views on the possible regu-lated cannabis industry in Bermuda. With your permission, Madam President, I would like to read some
of those quotes from real people. Yes, the culture of
Bermuda.
One person said this. “There were many benefits such as revenues and jobs that can be generated. I do not see too much of a difference it would have by creating a regulated cannabis market. I know many
people who use CDB oils for pain and relaxation. It is
time for us to come out of the Dark Ages and become more progressiv e.” It is a real quote.
Another person in my circle said this. “I have
become more open but I still think it is crazy that so many people in Bermuda consume cannabis. But I
think regulating i t would be a plus for Bermuda.”
Another said: “In principle, I do believe that
Bermuda needs a cannabis licensing Bill and there are multiple benefits to cannabis. I do have some
questions. Yes, we all do. Is the revenue being directed somewhere in particular?” I will get to this later
as to why they woul d ask this question.
But here is the most interesting one of all,
Madam President. A cannabis consumer —he was
self-proclaimed, said: “It is important to protect consumers from their employers and other members of
society who wish to blackball individuals because they
find out that they smoke cannabis. What a person
does in their time of leisure should be protected.”
Isn’t that interesting? Here we have an individual who is willing to take a risk by consuming cannabis in an illegal market; yet, he is asking for protection against reputational risks through a regulated
cannabis industry.
Madam President, each one of these individuals I chose to have a chat with, in the words of Lord
Necktie, are not “diddly bops.” The individual comments that I have included are those individuals in our
society between the age of 40 and 60. They have uni-versity degrees. They hold well -respected careers. To
me, this shows that there is a clear appetite for change, that these individuals have had their views


Bermuda Senate changed through education, travel, and other experiences.
Now I am going to get a little personal here,
Madam President, if I may. I would like to take some
time examining other jurisdictions that have engaged in this debate long before Bermuda. In 1976, some
two years after Bermuda’s Misuse of Drugs Act and
some 45 years ago, Amsterdam became one of few
regulated cannabis jurisdictions in the world with the
introduction of their famous “coffee shops.” The State
of California initially went in the direction of medical cannabi s in 1996 before they moved to a regulated
recreation cannabis industry in 2016. Colorado, which
we have heard more about today, passed a state- wide
drug policy for cannabis in 2012, which then led to state licensed retail sales in January 2014. The Nevada regulated cannabis laws went into effect in 2017.
There are currently 36 states, Madam President,
which have some form of regulated cannabis laws in
place.
Then we have Canada who passed a Cannabis Act in 2018. It is important to point out that our Cannabis Licensing Act uses the Canadian model
which in two and a half years has been considered a
great success (in the research I read).
Why is Bermuda, as we are in so many other
aspects, so late to the party? There is no shortage of Bermudians or people in general who choose destinations, like the ones that I have mentioned earlier, as a
means of cannabis tourism, some depositing hefty
amounts of money into other economies while on va-cation. While the only ones benefiting in Bermuda are
individuals engaged in an illegal market.
Madam President, I have heard many speak
out of fear. I will probably put her on the spot, but I
had this conversation with my mom last night. And
she admitted, she said, I don’t know. But the fear is that Bermuda will have people ru nning around recklessly smoking cannabis on every street corner, at
every beach, and at every park. From the accounts of
some of these other jurisdictions, which I mentioned,
quite the opposite has happened.
Story time again. I have a good friend, Madam
President, who lives in Littleton, Colorado, a small
family town just outside of Denver. He happens to be
the godfather of my two children. He is a well -
respected educator, an author who is married, has
two beautiful children, attends mass every weekend.
And I will say this, he is a half -way decent golfer. He
coaches high school football. He watches professional
sports with a beer during his free time. I am sure you
get the picture. You probably all have friends like this.
I asked my friend once back in 2014 , when they were
having their debate on regulated cannabis, What is
your stance on the issue? How do you plan to vote on
the issue of cannabis?
His answer was actually very enlightening,
and I will never forget it. He said, I am going to vote
yes, because the revenue from the cannabis industry would be huge! And they were promised that it would
be used to fund the building of schools.
I then asked, Well, how do you feel about your
two young children and cannabis being more readily
available to them as they get older?
His answer was straightforward. He said it
was his responsibility as a parent —as a parent —to
educate his children effectively on all of the possible dangers of society. In his view that conversation will
be no different than the ones that every body should
be having every day, every night at the dinner table
about alcohol and tobacco. I revisited this conversation with him yesterday, some six years later. And he
said that if he had to do it all over again, he would
make the exact same decision.
Colorado has so many jobs that have been
provided through the regulated recreational cannabis
industry. I spent some time in Colorado. During one of
my visits in Colorado in 2017, we went to a baseball
game in downtown Denver. While sitting on a rooftop
restaurant, which is popular in Colorado, it struck me
that I had been in Colorado for three whole days and I had not seen, nor had I smelled, cannabis. So I
brought up the conversation and I said, Where do all
the cannabis users hang out? (Because obviously
where I come from there is “Cannabis Corner.” )
He looked at me, he smiled, and he said, My
friend , they are sitting all around us.
I said, Well, what do you mean? I don’t see
any smoke. I don’t smell any cannabis.
He said, It’s because it is regulated. People
respect it. They respect others. And they have found inconspicuous ways to consume cannabis without anyone knowing, without breaking the law, and without having to hide or be ashamed.
He said, You will be hard pressed to find anyone walking around smoking a pre- rolled cannabis
cigarette in public.
Fascinating. Because I am from a place
where there is a prohibition on cannabis, and it is
open in public. As my curiosity was now piqued, Madam President. I asked if he had ever been to a cannabis dispensary. He had not. And I had not. So, I said,
Well, let’s check it out. Do they let people just go and
check it out?
When we arrived at the location it looked like
a doctor’s office. We went inside to a waiting area and someone came out, took our IDs, and went to process
them. They came back a few moments later at which time a separate door opened. We walked into what
can only be described as a jewellery store, almost,
with different cases . Like, you know, a jewellery store
has glass cases of diamonds . Well, it was cannabis
items in these glass cases. While we did not purchase anything at the cannabis dispensary, the sales clerk
was more than happy to explain the different items,
how they were available, along with a menu, a consumption chart, and throughout it all talked about
safeguards. I tell you. You could not leave the place
200 3 March 2021 Official Hansard Report

Bermuda Senate without seeing warning pamphlets, I guess that is the
best way I can describe them. Each item was clearly
marked with huge letters on them. THC on the packaging. And t he level of professionalism was second to
none.
I will also note that I saw, as I was looking at
our Bill and how they have it set up in Colorado, the stores in Colorado cannot be open past 7:00 pm. And
the amount that you can purchase is limited. I have heard similar stories of individuals who have recently
visited Las Vegas and most recently, Toronto, Canada.
Madam President, I tell that story to say that
the details and provisions that the Cannabis Licensing Act 2021 contains is something that I know Bermuda
can benefit from just like Colorado, Nevada and Canada. Why should events be disrupted by unregulated but tolerated illicit Cannabis Corner? Why should the
legal and extremely dangerous illicit market continue
to flourish while people turn a blind ey e?
Madam President, I mentioned earlier that I
was proud to be part of a bold and progressive party in the Progressive Labour Party. And I have colleagues who sit in another place who so eloquently
delivered and supported the Cannabis Licensing Bill about two weeks ago. However, Madam President,
what I cannot figure out is why it is that the One Ber-muda Alliance continues to be silent on the issue of regulated cannabis industry in Bermuda for so long.
Why have the failed to engage with the public on this
issue?
I mean, they said to us earlier that there
hasn’t been proper consultation. Are they against cannabis reform? Or are they sitting back licking their chops waiting to get in on the action? And yes, Madam President, when I say “action,” I mean the money. I have heard them talk about pom- poms before. It is
kind of cute, actually. Where are their pom- poms on
this issue that has negatively affected so many Ber-mudians who look like me? I just do not get it!
Some will gladly say and publicly support a
former US President of questionable character, but
will not publicly encourage their party leader to take a
progressive stance on the regulated cannabis reform which has singlehandedly liberate a huge percentage
of the Bermudian public. But I guess I should not be
surprised because the One Bermuda Alliance has a
history of being all over the place with different issues
with a whole lot of lip service but doing absolutely
nothing.
Madam President, we have the opportunity,
and I will say it again, to be bold here today in these
Chambers. We have an opportunity to reduce the presence of dangerously laced cannabis in the illegal
market. We have the opportunity, Madam President,
for my son and my daughter to live in a safer commu-nity. We have the opportunity, Madam P resident, to
increase revenues for the Government. Madam President, we have the opportunity to create a host of much- needed jobs for Bermudians, following this horrible pandemic, from growers to retailers to transportation specialists, researchers.
We hav e the opportunity to grow this market
for those negatively impacted by previous cannabis convictions. Madam President, we have an opportunity to further educate the community. We have an opportunity to follow the example of Canada. We have
the opportunity to provide a greater good for the
greatest number, by being bold and passing the Cannabis Licensing Act 2021 and introducing a long, overdue regulated cannabis industry in Bermuda.
Thank you, Madam President.
[Desk thumping]
The President: Thank you, very much, for your comments, Mr. Owen Darrell.
So this just leaves me to make my own comments. Minister Peets spoke about his own history. I just need to let you know a little bit about my own in
terms of my previous experience.
I qualified as a nurse and I delivered babies
for a number of years. I came back to Bermuda and I
worked here in Bermuda in the general health, and
then I went into the psychiatric health. I am a counsellor by profession, Masters prepared psychologist and I have worked in the field of addictions for many years.
I know most of the people who are working in the field
at the moment. In fact, I have helped people to attain
their professional qualifications. So I have been aware
and around this whole area of addictions for many
years.
In delivering babies I have seen the results of
mothers who have had babies and have been using
either marijuana or stronger drugs. And I have seen
that impact on babies —low birth weight, issues
around their breathing, their lung capacity. I have also
seen young people when MWI [ Mid-Atlantic Wellness
Institute ] was in St. Brendan’s [Hospital], working with
psychologists who had to deal with young 11- , 12- ,
13-, 14- year-old young Bermudian boys who were
presenting with psychotic -like behaviours. And I had a
lot of discussion with them about the impact of these young people. What is it that triggers it? Is it their psy-chosis because of hereditary factors? Or is it the marijuana or drugs? And most of them admit it, and I am
talking years ago about the impact of our young adolescents.
So Child and Adolescent Services was set up
to help deal with some of these issues. And we made
sure that some of the counsellors were qualified and
had the experience, they were sent overseas to work
with this populat ion. And I worked with them. So when
I am sitting here listening to a lot of this conversation, I know all about the drug field. I have been out of it for
quite a number of years, but I know most of the people who are working in it today.


Bermuda Senate And I can tell y ou that I also look at the birth
rate. Look at Bermuda’s birth rate. If we have 500,
600 babies born a year, that is about it. I have read all
the BirDEN reports. I have talked to all the counsellors. And I can tell you that even approaching coming today t o have a debate on this particular topic, the
doctors tell me they have not been informed. They
were not consulted. The counsellors are telling me
they have not been involved in the decisions that had
been made about this. And so . . . I am surprised. I am
taken aback because I have been told that there was
broad consultation.
And so, you know, I have also read a lot. I
have read about the Canadian situation. I have read about the Colorado situation. I have read about all the
incidents that have occurred i n Colorado. I have read
the Rutgers reports. So I have done a lot of research
with respect to the impact of the introduction of recreational marijuana.
Some of you have spoken about the impact
on school children. And we also know that, of course,
it has been said several times, that the young person’s brain does not develop until they are 24, 25.
And so therefore if they are using a mind- altering drug
between their adolescent period and 24 years old, you
know there is going to be some impact. I have family
members, I know people who have been exposed to it, and who have had their careers thwarted as a result of making the wrong decisions.
So, you know, I have heard everything that
has been said today about young people and how positive . . . whether this Government is seeing this as
another pillar of the community, because someone asked me, Is this another pillar of Bermuda’s community? Is this what this is seen as? Other people have
called and said, You know, Mrs. Dillas -Wright, our
budgets were cut. I can’ t have the counsellors. I can’t
have the amount . . . And I am not just talking about
during COVID -19. I am talking about before that ; they
do not have the funding that they needed to really run
the service.
So I am saying to you here today that, yes, I
have looked at that. I have some concerns too about
the fact that while marijuana is freely available in the States, it is still a federal offence. So people will still
get charged with federally having possession.
So when I look at this, I know that, yes, the
Government would like to implement this Bill and have indicated what it can do for the Island, but I also ask
myself, At what cost? And for me, this young population that we have where we have a birth rate that is
declining and young people not having opportunities,
and our education system . . . we have heard how
people speak about, you know, the reports that have been . . . the surveys that have been reported. Fine
for the people who are adults who want to make the
decision, but they should not be making decisions for
the children. And sometimes the children are exposed. You know, it is Don’t do what I say, or do what I do. Or whatever it is. You know, you are trying to
teach, but you have to be very, very firm in your convictions when you are bringing up children in this environment.
Bermuda is a very small place. It is a very
small place. A lot of people know one another, and
they know . . . and I have a number of people who are
not related to me who call me “ Aunt or Auntie” and
they tell me what goes on in their homes. And some-times if it is a female -headed home ––it is not that I am
decrying female headed homes ––but it is important
for our young people to have both male and female
people who are guiding them and telling them what
they should or shoul d not be doing.
So I have spent a lot of time reading up on all
the surveys. I have talked to people in the Caribbean,
in Jamaica. I have talked to friends who are in the health profession as well as the counselling profession in Trinidad, all through the Caribbean. I have another family member, a brother, who lives in St. Kitts
and Nevis, so all over the Caribbean, as well as Australia, and England. So I think a lot of Bermudians are
connected internationally. And so we try to find out
what is going on i n other jurisdictions. So I have
thought very carefully about this Bill, and I have read
about it. But I have a major concern about our young
people —our children.
So I will say to you that while I appreciate
what the Government would like this Bill to do , the
Cannabis Licensing Act 2021 is about creating, I think,
another pillar of the economy of this Island. And while
saying nothing about the possible deleterious impact
on the society in creating other social problems, and until the Bill speaks to its positive effect on crime,
mental health and social alienation, I cannot at this
point support this proposed Cannabis Licensing Act
2021.
And those are my comments. Thank you.

I am trying to keep
my words brief.
The irony of me sitting here today regarding
this conversation is just really surreal. I would share
with all who are listening that I am not speaking for all
the addiction counsellors. I am not speaking for all
pastors. But given what I have heard today, I have
tried to jot a few notes. And I certainly thank this Honourable Chamber for a little bit of liberty regarding
points of order. Most of the Senators here are relatively new. You know, we are not necessarily experts in
202 3 March 2021 Official Hansard Report

Bermuda Senate any particular field, and we are still getting used to the
protocols and the procedures within the Senate. Having said that, I am certainly thankful for the little bit of
latitude that has been given today. I noticed a number
of points of interest I could have spoken to, but in the interest of allowing the conversation to flow and giving
people an opportuni ty to really communicate is more
important to me that trying to hammer down a point of
order.
Having said that, the most obvious thing to me
would be is all the Senators here today are here be-cause we were appointed. It is, however, our duly
elected Members of Parliament, they are elected to
represent the ideas as well as the wishes of those
who elect them.
I have heard today that somehow this is the
commercialisation of cannabis and that there is mon-ey being put first. The truth of the matter is I have not
met a single drug dealer who doesn’t deal drugs simply for the money. They are not concerned about the
health or the welfare of the individuals they are selling drugs to. They do not even care about what the product is doing to their customers.
Over the years I have spent, I cannot begin to
tell you, how many times since the beginning over the
last 20 years I have had opportunities to go look for
clients inside of crack houses. I, unfortunately, had the
opportunities to work with persons in recovery and their family members to go and pay off drug debts.
You know, when you go pay off a drug debt, they do
not give you receipt. When you go buy drugs, they do not give you a guarantee of quality. What happens to
you after that is of no concern to them. You are simply
a dollar. So to sit here and sometimes, you know, listen to Oh, we are trying to commercialise cannabis. I
just cannot fathom that because right now the illegal drug market is cashing in, unfortunately, on individuals and taking advantage of them i n ways that we need to
do something about.
There is also a lot of fear out there in the
community. I heard some of it today. And to be quite honest, I would imagine all of us have a little bit of
fear, simply because no one can actually see the future. On e of the Senators wanted to know whether or
not there was hard data to prove something. And I am
like, Well, the data doesn’t exist. The truth of the matter is we do not have a crystal ball, but to be honest, I
really do not need a crystal ball. I know what this illicit
drug market is doing today. I know what it has done in
the past. To do nothing about it and to allow the exist-ing situation to persist is irresponsible. Certainly doing
something about it, particularly as it relates to this Bill,
is more tha n reasonable. So I really do not know how
doing nothing and leaving the status quo is actually
safer than engaging in a regulatory regime.
There is also this idea, unfortunately, because
it is not true. Education . . . everything we do about
prevention an d everything we are doing about abstinence; those three things remain. This Bill does not erase our responsibility about educating people about the ill effects of drugs. It does not take away from our
responsibility to engage in all of the prevention ideas
and activities that we are known to do all this time. It does not take away from that. It does not do anything about the message about abstinence when you are in
treatment. Actually, in my opinion–– this is my humble
opinion, of course––this particular Bil l actually gives
more resources, more attention and adds to the equation of all the other things that I have just mentioned to
actually help us to do those jobs that we are dedicated to do.
I did sort of put together a bunch of notes.
They are all over the place, so I do apologise and I will try to sort of bring it all together. I do not really know
based on what I have heard today if anyone is still on
the fence. And if anyone is still on the fence, I certain-ly want to do my level best to try to encourage that
individual to see the merits of this Bill and to see that
doing nothing and allowing us to go back to an illicit
drug market and allow it to continue is something that
is not really in our best interest.
One of the things I certainly want to bring t o
our attention is that the war on drugs is not working.
We need to have more than a Just say no approach
as it relates to our strategy. The safety of our children,
the safety of our people, especially our young people, is at the heart of this Bill. There is no safety, no concern about drug dealers right now out there in the
community. They will sell to anyone who has money.
And they do not care about where their product ends.
That is the reason why Government is stepping in and
doing something in this regard.
It is far better than leaving it the way that it is.
You know, if you just walk up and down any street or
any given day, you see alcohol everywhere. I have
spent a few hours when I can at some of our AA [A lcoholics Anonymous ] meetings and particularly some
of our NA [Narcotics Anonymous ] meetings in the
community. I do apologise for the self -disclosure
there. But if you ever sit through a NA meeting, it is
said at every meeting, Alcohol is a drug. But I cannot
turn on the television without seeing an alcohol com-mercial. I cannot go to the grocery store without seeing alcohol. Alcohol is toxic to the body. It is literally poison.
What alcohol enjoys right now is popularity. It
is considered to be sexy. It is considered to be in vogue. It is a part of how we socialise and so on and so forth. The unfortunate part about cannabis, given
its history, is how Big Pharma, for example, in the early 1900s did everything they possibly could to demonise and weaponise cannabis. They were also the ones
who actually coined the phrase “marijuana” as a way
of attacking Mexican Americans and the like.
So what is true today, in my opinion, is that
persons in our community continue to smoke cannabis. Regulating cannabis is better than doing nothing.


Bermuda Senate So there are some truths that probably would need to
be reiterated, and I will try to do that and wrap up.
This Bill would not legalise cannabis. This is a
cannabis licensing Bill. This Bill is not going to permit
people to smoke cannabis anywhere they want, whenever they want. There are certain offences under
the Misuse of Drugs Act, like supply and possession
of cannabis above 7 grams without a licence, [which]
still remain punishable under law.
Our driving while under the influence of drugs
is still punishable by law. And to the question on
whether or not we can test sobriety at checkpoints for
cannabis, we can do that. Actually, if anyone is in a
sobriety checkpoint, if the person is suspected to be
under the influence, that word “suspected” means the
person who is responsibl e for enforcing law does not
know what the person is under the influence of. It
could be prescription drugs. It could be alcohol. It
could be something else. We certainly do not know.
And you can refuse to give a breath test. But it does
not stop the law official from exercising his or her du-ties to protect the safety of the public if they surmise
that the individual is driving under the influence. That
would also be true, and it is still true, and is currently
true if you are driving under the influence of cannabis.
I practice, of course, abstinence, for personal
reasons. There is no need to go into that. So I am nei-ther pro alcohol nor pro cannabis. But I do support the efforts regarding prevention and treatment, Madam
President. And like you, of course, I would not be
where I am today if it were not for your efforts. You
have mentored individuals who have also mentored
me, and I in the past year have helped at least three
other individuals receive, or at least be in a position to receive their certificati on as addiction counsellors. And
that work for me certainly continues.
So, Madam President, I am certainly encouraging this honourable Senate to support this Bill, because in my opinion it actually gives us the best opportunity to offer protection and regu lation in an environment where our friends and family and neighbours choose to engage in cannabis illegally. And to do so
without proper regulation and public health guards is
something that I think is untenable. So I am encourag-ing this honourable Senate, particularly as we are
thinking about how we are going to vote on this Bill
that has been supported by the voting public as it relates to the public consultation . . . oh, and by the way.
I did attend the last BerDIN conference. I try to do that every year. I know there has been much said about the consultation.
There was a well -known paediatrician doctor
at the BerDIN. And if you are willing for me to share that person’s information and what they shared, I certainly can do so offline. So consultation has happened. So I am not really sure where people are getting the information about they have not been contacted. Across the board in addiction, across the
board with medical professions, as I mentioned at the BerDIN the doctor was there. We also had representatives from the Ministry of Education. Of course,
has the Government talked to every single Bermudi-an? No. That is almost impossible. But not every single Bermudian is even interested in answering the call to join the conversation to begin with. There ar e individuals out there who need our assistance. And at
some point, we are going to have to do something.
Allowing them to continually go through the criminal
justice system is a very expensive way and an unnecessary way for people to find help as it relat es to
some of these things.
So, Madam President, in closing, we are civilised. We are about law and order, and bringing order and regulation is a reasonable and responsible thing
for us to do. Thank you, Madam President.

[Desk thumping]

The President: Thank you, Senator Peets.
[Crosstalk]

The President: Minister Peets, you would do the second reading. You have your papers before you.

—in getting on with
it.
Madam President, I move that this Bill entitled
the Cannabis Licensing Act 2021, be now read a third
time.

The President: No, you need to —
204 3 March 2021 Official Hansard Report
B ermuda Senate Sen. the Hon. Dr. Ernest Peets: Pardon me?
The President: —suspend. . . .Yes, you have to
move it. I’m sorry.

Madam President, I
move that this Bill do now pass.
The President: Is there any objection to the passage
of the Bill?
An Hon. Senator : I object.
The President: We have three, so we will have a division. You can call the names.
[
Crosstalk]
The President: Senators, we will now have the division.
The Clerk: This is on the pass motion for the Bill.
Okay. DIVISION
[Cannabis Licensing Act 2021, Third Reading]
Ayes: 5 Nays: 6
Sen. Hon. Dr. Ernest Peets Sen. Ben Smith
Sen. Owen Darrell Sen. Robin Tucker
Sen. Arianna Hodgson Sen. Marcus Jones
Sen. Curtis Richardson Sen. John Wight
Sen. Lindsay K. Simmons Sen. Michelle Simmons
Sen. Hon. J. E. Dillas -Wright
The Clerk: Madam President, here is the total.
The President: Senators, the division is —
[Inaudible interjection]
The President: —five ayes and six nays. The Bill has
been defeated. Thank you, Senators.
[
Motion defeated: The Cannabis Licensing Act 2021
failed by majority on division.]
The President: We will move on with our agenda,
item 14 [on the Order Paper .]
MOTIONS
The President: There are none.
CONGRATULATORY AND/OR
OBITUARY SPEECHES
The President: Does any Senator want to speak on
these topics ?
No? Hearing none, then item 16, Adjournment, Minister Peets.
ADJOURNMENT

Thank you, Madam
President.
Given the fact that we do have budget currently going on, I move, based on the schedule that I
believe to be correct, that we adjourn until March . . .
let me just bring up the calendar. The 24th is a
Wednesday. The 24th of March.
The President: That will be the next meeting.
Senators, we have been told the next meeting
will be March the 24th.
Would any Senator care to speak on the motion to adjourn? Hearing none, Senators, the Senate
stands adjourned until March 24th. Thank you, Senators for the ––
[At 4:21 pm, the Senate stood adjourned until
10:00 am, Wednesday , 24 March 20 21.]