Cannabis in the Bahamas is illegal recreationally, but legal for medical and religious use.
On February 27, 1929, the government passed theDangerous Drugs Act which dealt with drug offences in theBahamas, includingcannabis.[1]
In 1962, Act 26 amended theAct, providing a new definition of Indian hemp which, "includes all parts of the plantCannabis Sativa whether growing or not from which the resin has not been extracted; the resin extracted from any part of such plant; and every compound, manufacture, salt derivative, mixture or preparation of such plant or resin".[1]
In 2023, theDangerous Drugs Act was amended to remove the definition of "Indian Hemp" as well as any reference to "Indian Hemp".[2]
In the same year, theCannabis Bill was enacted, which sets the framework for the regulation of growth, sale, consumption, and possession. The bill states that cannabis may be used legally for medicinal and religious purposes.[3]
Section 29(6) of theDangerous Drugs Act deals with simple possession of cannabis:
Anyone convicted of possession of cannabis, is liable:
Under Section 29(2) of theAct, the individual must also forfeit to the Crown all real or personal property in respect of which the offence was committed.[4]
Section 22(1) of theDangerous Drugs Act states that, "It is an offence for a person to have a dangerous drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of the provisions of thisAct.[4]
If a person is found with two or more packets containing cannabis, they will be presumed to be possessing that drug with the intent to supply it to others, unless they can prove the contrary under Section 22(3) of theAct.[4]
Anyone convicted of possessing cannabis with the intent to supply it to another, is liable:
Anyone convicted on information to possessing cannabis with the intent to supply it to a child or young person, is liable:
The Bahamas role as a transit country for cannabis is noted as beginning in 1968, when 300 pounds of cannabis were flown fromJamaica toBimini.[5] As recently as 2010 the country was noted as a midpoint for Jamaican cannabis being smuggled to theUnited States.[6]
Historically the Bahamas was a drug trafficking country, but not a drug producing one, until a 1991 seizure of 40,000 cannabis seedlings and 1,000 adult plants onAndros Island called that assumption into question.[7]
In January 2018, theCaribbean Community Regional Commission held a town hall meeting inNassau on the issue of decriminalizing cannabis.[8]
CARICOM Regional Commission on Marijuana published a report recommending the declassification of marijuana as a dangerous drug in all legislation and the reclassification of the drug as a controlled substance, similarly totobacco andalcohol. The report stated that the Bahamas could see a financial benefit of around $5 million from the legalization of the substance and regulation of its sale.[9]
The Bahamas National Commission on Marijuana has been tasked with exploring and making recommendations to the government on the issue of cannabis. It is expected to deliver its first draft to the government by August 2019, after receiving a three-month extension to present its findings.[9]
