Freedom did not come as expected for many who are facing charges for small amounts of marijuana possession, as the state seeks to expunge the records of those before the courts for the drug which has now been decriminalised in this country.
In the hearing at the Hall of Justice yesterday (Friday), Senior Counsel for the state Fyard Hosein explained that his team had only received information from the San Fernando Magistrates Court and the Family Court concerning persons with charges which fell within the new exemptions introduced by the amendment of the Dangerous Drugs Act.
Under the exemption, persons facing charges for possession of marijuana of 100 grammes or less should not face jail time but would instead be fined or ordered to serve community service.
On this ground, the state’s attorney sought to have charges against persons facing pending matters for possession under 100 grammes dropped.
Even among the limited information received, the state still needed to ensure those individuals only faced simple marijuana possession charges before their release.
Despite the disappointment, two Tobago children were placed on the path to return to their family.
The two children who were on bail in the sum of $5,000 and $7,500 respectively were confirmed as facing the solitary charge of simple marijuana possession.
However, High Court Judge Norton Jack was reluctant to order their release outright, as he did not want to set an improper legal precedent.
The two children were in custody in Trinidad as their guardians were unable to come from to Tobago to sign for their release via bail.
Justice Jack was taken aback by this and stated that such a situation should not take place in 2019 where their guardians could not sign from Tobago.
Jack then adjusted their bail down to $500 each and ordered the state to take them back to Tobago, where their guardians could sign for their release.
Following their release on bail, he advised that an application can be made for the dismissal of the charges at their next court date.
As for the other individuals facing simple possession charges, they will have to wait until January 6 to learn more as Justice Jack adjourned the matter to that date after the state’s attorney SC Fyard Hosein explained they needed more time to obtain and process the information.
Before marijuana was decriminalised and the law came into effect on Monday, Attorney General Faris Al-Rawi indicated he would petition the court to release at least 101 persons who were in prison for possession of small amounts of marijuana.