A defence attorney on Wednesday argued that the legal system has deficiencies, citing his client’s prolonged incarceration for possessing a little over a pound of marijuana. He proposed that a simple ticket could have sufficed for this offence.

Attorney-at-law Michael Hemmings made his remarks during Shaquilla Thompson and Nickoy Hudson’s appearance in the St James Parish Court on charges of possession and dealing in ganja.

Thompson, who was represented by attorney-at-law Charles Sinclair, pleaded not guilty to the charges, while Nickoy Hudson pleaded guilty.

According to court documents, the incident took place on May 7.

Details of the allegations were not outlined, but the court was told that the two were found in possession of 1.5 pounds of the weed.

Hemmings, who acted as amicus on behalf of Hudson, declared that in 2015, legislation was passed allowing individuals to have a specified amount of marijuana (two ounces or less) with the possibility of receiving a ticket for any amount that surpasses this threshold.

According to Hemmings, it is currently 2024 and there remains an absence of a formal ticketing system for individuals exceeding the permissible limit.

“The system is flawed, and not only is the system flawed, but it went against this man. They have this man in custody for something for which he could have been ticketed or brought before the court within a reasonable time,” Hemmings argued.

“Having spent two weeks in custody for that amount of marijuana and pleading guilty at the earliest opportunity, I ask that it might be considered as time spent,” the lawyer concluded.

In passing sentence, Judge Bernard admonished and discharged Hudson, while no evidence was offered against Thompson.

The ‘ganja law’ or Dangerous Drugs (Amendment) Act 2015 was passed by both Houses of Parliament in February 2015.

The changes to the Act made possession of two ounces or less of marijuana a non-arrestable, ticketable offence, that attracts no criminal record.

If the person found in possession of a small amount of ganja is a minor or an adult who appears to be addicted to the substance, the police officer issuing the ticket is required by the Act to refer them to the National Council on Drug Abuse.

Additionally, the Bill prohibits the smoking of ganja in public places, and makes provisions for the granting of licences, permits and other authorisations to enable the establishment of a regulated industry for ganja for medical, scientific, and therapeutic uses.

The constitutional rights of Jamaica’s Rastafari community was also recognised for the first time by the 2015 Act, protecting their right to use cannabis for sacramental purposes in keeping with their faith. It enables the designation of Rastafari places of worship where cannabis may be used for sacramental purposes, and the designation of lands where cannabis may be cultivated for the sacramental use by Rastafarians. Provision was also made for the exemption of events promoted primarily for the celebration or observance of the Rastafarian faith, at which users of cannabis will not be in breach of the law.

Man to face trial for allegedly breaking into woman’s shop

Mediation is not a viable option for a St James man accused of unlawfully entering his sister-in-law’s store and allegedly stealing items, because the complainant was not open to resolve the issue through this method.

Daniel Stewart, 27, of Salt Spring, St James, who had pleaded not guilty to shopbreaking and larceny, received his trial date on Wednesday when he appeared in the St James Parish Court before presiding judge Diahann Bernard.

During the court session, the judge proposed mediation as a potential resolution. However, the complainant expressed reluctance to engage in mediation, citing previous incidents of the defendant allegedly breaking into her business establishment on five separate occasions.

Judge Bernard then set the trial date for September 23 and remanded Stewart into police custody.

According to the allegations, Stewart was seen walking around the cashier’s counter and bending down at a wholesale store in Salt Spring, St James, on June 5. Shortly after, the cameras disconnected.

On June 6, the complainant discovered that 10 cartons of cigarettes, one bottle of Hennessy, and several other household items had gone missing, including $5,000 cash. A report was filed at the Montego Hills Police Station, leading officers to visit the defendant’s residence. During the search, they reportedly discovered 10 cartons of cigarette and several other items that were similar to the ones reported stolen from the wholesale business. Additionally, $5,000 in cash was said to be recovered from the defendant’s home.

Stewart was arrested and charged.