Cayman Islands Commission Outlines Marijuana Reform Options After Referendum

Commission Framework Follows Referendum Mandate

The commission's report presents at least three distinct policy models for decriminalizing marijuana possession in the British Overseas Territory. Each model varies in possession thresholds, penalties for violations, and interaction with existing drug statutes, according to the framework released July 3. The report doesn't recommend a single approach. Instead, it provides the Legislative Assembly with comparative analysis of decriminalization regimes in other Caribbean jurisdictions.

The referendum passed with majority support. It directed the government to eliminate criminal penalties for small-scale marijuana possession. The ballot measure didn't specify gram limits or cultivation provisions, leaving implementation details to subsequent legislation.

Possession Thresholds and Penalty Structures

The commission's three models propose possession limits ranging from 7 grams to 28 grams for personal use. Model A establishes a 7-gram threshold with civil fines between CI$100 and CI$500 for first violations. Model B sets a 14-gram limit with mandatory drug education programs instead of fines. Model C permits up to 28 grams (one ounce) with no penalty for first-time possession but escalating civil sanctions for repeat violations within 12 months.

Criminal penalties remain for possession exceeding the specified threshold, trafficking, and sale to minors across all three models. The commission noted that the 28-gram ceiling in Model C aligns with decriminalization statutes in Jamaica and several U.S. states, though it may conflict with United Nations Single Convention obligations that still bind the Cayman Islands through the United Kingdom.

Home Cultivation Provisions Under Review

Two of the three models include home cultivation allowances, permitting residents to grow between two and six plants for personal use. Model B allows two mature plants per household. No registration required. Model C permits up to six plants but requires annual registration with the Royal Cayman Islands Police Service and unannounced compliance inspections.

Model A excludes home cultivation entirely, citing enforcement challenges and concerns about diversion to the illicit market. Cultivation provisions weren't explicitly addressed in the referendum question, the commission's report states, leaving the Legislative Assembly discretion to include or exclude them from implementing legislation.

Timeline for Legislative Action

The commission recommended that the Legislative Assembly introduce a decriminalization bill during its September 2026 session. Under Cayman Islands constitutional procedure, the bill would require two readings, committee review, and approval by the Governor before taking effect. The commission estimated a minimum four-month timeline from introduction to enactment, assuming no significant amendments during committee stage.

Draft statutory language accompanies each model in the report, including amendments to the Misuse of Drugs Act (2017 Revision) and corresponding changes to the Criminal Procedure Code. Any decriminalization statute must preserve the territory's obligations under international drug control treaties to avoid conflict with the UK Foreign Office, the commission noted.

Enforcement and Revenue Implications

Decriminalization would reduce marijuana-related arrests by 60 to 75 percent annually, the commission projected, freeing an estimated 1,200 police hours per year. Civil fine revenue under Models A and C could generate between CI$50,000 and CI$150,000 annually, according to the report's fiscal impact analysis. Those funds would be directed to a drug treatment and education program administered by the Cayman Islands Health Services Authority.

Expungement procedures for prior marijuana convictions also appear in the report. The commission recommended automatic expungement for possession offenses below the new threshold, with an estimated 340 records eligible for clearing under Model C's 28-gram limit. For full background on this story, see the CannIntel topic hub on Cayman Islands Decriminalization.

The Legislative Assembly hasn't yet scheduled debate on the commission's report. Opposition members have signaled support for Model A's conservative approach, while government backbenchers favor the broader provisions in Model C. The next legislative session convenes September 12, 2026.