Pubdate: Fri, 06 Jun 2014
Source: Bermuda Sun (Bermuda)
Copyright: 2005 Bermuda Sun
Contact:  http://www.bermudasun.bm/
Details: http://www.mapinc.org/media/3865
Author: Danny McDonald
Bookmark: http://www.mapinc.org/find?227 (Cole, Jack)

DRUGS: US STILL HOLDS THE BIG STICK

Earlier this year, when Jack Cole, a former New Jersey undercover 
narcotics cop who now advocates for all drugs to be legalized, was in 
town to speak before Bermuda residents and politicians alike he 
summed up the international ripple effect of US drug policy thusly.

"We're the big bully on the block."

With Bermudian politicians now actively debating cannabis reform, US 
drug policy still casts a shadow over the discussion.

Currently, a conviction for possession of cannabis can complicate 
travel plans to America for Bermudians. Those with such a charge on 
their record often have to seek a travel waiver. And if Bermuda does 
opt for decriminalization, the prospective problems of being denied 
entry to the US or requesting a travel waiver will likely remain, 
since most decriminalization models involve a party making an 
admission of guilt. That's enough to complicate travel plans to the US.

Consequences

This prospective problem has not escaped Premier Michael Dunkley. In 
recent comments, he said if decriminalization carries penalties, even 
if they are civil citations or fines, there are potential consequences.

"If decriminalization carries a penalty of any kind - paying a fine, 
being on probation, going to a drug treatment programme, performing 
service, etc. - it would be treated as a conviction and it would have 
(Stop List) consequences," he said recently.

Cordell Riley, a statistician by trade who was a member of the 
Cannabis Reform Collaborative charged with making recommendations to 
the government, said the US can also deny entry to people who do not 
have a criminal conviction.

"If we move to legalization and someone opens up a coffee shop that 
sold marijuana, which would be perfectly legal, they can still deny 
that person entry," he said. "It's interesting, there were people (in 
the House of Assembly) on Friday who made the announcement that they 
had used it before. It will be interesting to see if those who made 
some sort of admission are placed on the U.S. stop list. It's not out 
of the realm of possibility."

"As long as it remains a federal law, expect no changes," said Mr 
Riley. "Decriminalization is not going to change it, at least if 
there is an admission of guilt."

The US Consulate here in Bermuda confirmed: "There has been no change 
in how the US views conditional discharges. There has been a general 
misunderstanding about the effect of Bermuda's "conditional 
discharge'," said Astrid C. Black, a political assistant to the 
Consulate General, through an email. "Under US law, a conditional 
discharge does not eliminate the need for a waiver."

She added: "A conviction is deemed to have occurred because the 
defendant pled guilty and/or admitted to the facts as part of the 
process and a penalty in the form of rehabilitation does not change 
the fact that a conviction occurred."

The vast majority of Bermudians who are ineligible to travel to the 
U.S. have criminal convictions that include drug use, acts of 
violence, theft or fraud, according to Ms Black. There is, she said, 
no physical "stop list."

Twenty-one US states have legalized medicinal marijuana and Colorado 
and Washington State have legalized recreational use of the drug, 
with other states contemplating similar measures. Right now, federal 
law still lists the drug as illicit, which contradicts some of the 
state laws. That fact will not change the reality here in Bermuda anytime soon.

"While the US government currently does not enforce some federal 
marijuana-related criminal statutes at the state level, there is as 
yet no indication that it intends to change travel or immigration law 
or policy to reflect or accommodate changes in state marijuana laws," 
said Ms Black.
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MAP posted-by: Jay Bergstrom