Bermuda finds itself at a crossroads in cannabis policy, striving to balance local ambitions with global legal constraints. Joshua Santucci-Smith, policy director for the Bermuda Cannabis Association, advocates for a framework centered on medical and scientific applications to align with both UK and UN regulations.
Overcoming Legal and Global Challenges
As a British Overseas Territory, Bermuda faces limitations on enacting legislation that contradicts international treaties, particularly the Single Convention on Narcotic Drugs of 1961. This issue became apparent in 2022 when the UK blocked Bermuda’s attempt to legalize recreational cannabis, citing violations of established drug control policies.
While the possession of up to seven grams of cannabis was decriminalized through the Misuse of Drugs (Decriminalisation of Cannabis) Amendment Act 2017, recreational use remains illegal. Additionally, the law did not include provisions for clearing prior criminal records, leaving individuals with past convictions facing hurdles, particularly when traveling through countries such as the US, UK, and Canada.
A Health-Oriented Strategy for Reform
Santucci-Smith recommends that Bermuda take cues from jurisdictions like Jersey and Guernsey, which have successfully legalized cannabis for medical and research purposes while staying within international legal boundaries. He asserts that this approach could enable Bermuda to expand legal cannabis access without violating global agreements.
A key reason for the failure of Bermuda’s 2022 cannabis licensing proposal was its inclusion of commercial elements, such as exports, retail distribution, and cannabis lounges, which are explicitly prohibited under international drug control policies.
Canada’s Example and the UK’s Response
Bermuda is not alone in its struggle with international cannabis regulations. Canada’s legalization of non-medical cannabis faced opposition from the International Narcotics Control Board (INCB), but the Canadian government defended its stance by arguing that prohibition had led to public health risks, social disparities, and criminalization of marginalized groups. Despite global criticism, Canada maintained that regulation better safeguarded public welfare.
Bermuda’s Premier David Burt has expressed frustration over the UK’s decision to block Bermuda’s cannabis legislation, particularly when Canada—a fellow Commonwealth nation—was able to implement similar policies.
The Debate on Constitutional Autonomy
Legal expert Nicola Barker has highlighted that Bermuda’s cannabis policy struggle underscores a broader issue: its limited constitutional autonomy. Without greater self-governance, Bermuda will continue to encounter obstacles when attempting to implement policies that deviate from international agreements.
In 1995, Bermuda held a referendum on independence, in which 74% of voters opted to remain a British Overseas Territory. Should Bermuda revisit this debate in the future, the ability to regulate its own cannabis laws may become a central factor in discussions.
Finding a Practical Middle Ground
For now, the most viable solution may be adopting a health-first approach to cannabis legislation—prioritizing medical access and research while maintaining international compliance. This balanced strategy could allow Bermuda to advance its cannabis policy without provoking political disputes, ensuring both legal adherence and public health benefits.
