Cannabis Freedom Index

Changelog 764b0d2

Separate Saint Kitts private-use protection from ticket limits (#206)

1 history entry edited1 country profile edited1 article edited2 files of code, design or docs +136 −45 lines

History changes.yaml

Edited 1

Saint Kitts and Nevis decriminalises after a court ruling

description

In May the High Court ruled thatprotected adults may possesspossessing and use cannabisgrowing any amount in private for their own use, while expressly leaving Parliament power to set quantity limits. Parliament followed in July, turning with small amounts-possession and up to five plants into a ticket with a small fixed fine instead of a crime-plant tickets. The statutory possession limit was raisedticket threshold rose from 15 g to 56 g in 2020; the court's private-use ruling was a separate protection.

sources

Eastern Caribbean Supreme Court High Court — Maccabbee v Commissioner of Police, 3 May 2019 2 unchanged

Countries and states 1 file

Saint Kitts and Nevis countries/kn.yaml

summary

A 2019 court ruling protectedprotects adults' private adultpersonal use and growing. Later laws set ticket and licence rules; small amounts are decriminalised56 g is the statutory ticket threshold, not the court's privacy test.

segments › possession › text

In May 2019 the High Court ruled thatdeclared the blanket ban unconstitutional for adults may possess and use cannabispossessing any amount in private for their own private use. It also expressly left Parliament then madepower to regulate quantities. The ruling does not protect supply or importation.[@judgment] Under the 2023 amendment, unlicensed possession of small amounts a ticketable infraction instead of a crime — a small fixed fine — first up to 56 g of cannabis or 15 g of resin, raisedsecured against access by minors, vulnerable people and unauthorised persons, carries an EC$50 ticket in February 2020 to 56 gpublic or private; the person retains the cannabis. Licence exceptions also apply.[@drugs23] Above that it56 g, private personal-use constitutional protection is a separate, fact-dependent question alongside later legislation; the ticket threshold alone does not establish that every private possession is criminal offence.[@judgment,drugs23]

segments › possession › sources

wikijudgment, normldrugs23

segments › cultivation › text

The same court2019 ruling protectslikewise protected adults growing any amount in private for personaltheir own use, and the 2019 amendments treatwhile leaving Parliament power to set limits.[@judgment] The 2023 amendment provides an EC$50 ticket for unlicensed growing of up to five plants or fewer asin a ticketable matter rather than a crimesecured private home; the grower retains the plants. It is tolerated rather than positively licensedThis statutory band and the constitutional private-use protection are separate questions. Since April 2026 adults[@drugs23,judgment] Adults can also apply, under the 2023 Freedom of Conscience (Cannabis) Act, for a licence to grow up to five plants in a secured part of a private home plants; application forms became available in April 2026.[@conscience23,gov26]

segments › cultivation › sources

normljudgment, wikidrugs23, conscience23, gov26

segments › enforcement › text

Small amountsThe statutory small-possession and a few plants mean a ticketfive-plant routes carry EC$50 tickets. PublicDefault can lead to up to ten hours of community service, then three days in prison for default on that service. Unauthorised public smoking is fined more heavilycarries an EC$500 ticket, then up to twenty hours of service and larger quantitiesfive days for default.[@drugs23] A private personal-use claim above the ticket bands depends on the circumstances and later law; dealing remain criminaland importation are outside the 2019 private-use protection.[@judgment]

segments › enforcement › sources

wikidrugs23, sknis19judgment

segments › consumption › text

Private personal use by adults is protected by the 2019 ruling. Smoking in public is an offence with[@judgment] Public smoking outside legally designated or authorised religious places carries a substantially higher fineticket than simple possession. A Freedom of Conscience licence permits smoking in designated public places.[@drugs23,conscience23]

segments › consumption › sources

wikijudgment, sknis19drugs23, conscience23

context › visitors › text

There isare no legal recreational supply for anyoneadult-use shops. British travel advice saysUnlicensed possession within the secured 56 g cannabis foror 15 g resin band carries an EC$50 ticket, including on private premises.[@sknis23,drugs23] The 2019 ruling separately protects adult private personal use has been decriminalised but that; quantities above the statutory band require a licence is needed to use it, with fines for smoking in some public places or without a licencefact-specific assessment under that ruling and later law. Other drug offences carry severe penalties: up to 10 years in prisonImportation and a finesupply are outside its protection.[@judgment] Temporary Freedom of upConscience licences are available for seven days; public smoking is restricted to 400,000 East Caribbean dollarsdesignated or three times the street value in the Magistrates Court, and at least 15 years in the High Courtauthorised religious places.[@conscience23,drugs23]

context › visitors › sources

sknis23, wikidrugs23, fcdojudgment, conscience23

sources

Eastern Caribbean Supreme Court High Court — Ras Sankofa Maccabbee v Commissioner of Police, 3 May 2019 Saint Kitts and Nevis Law Commission — Drugs Amendment Act 12 of 2023 Saint Kitts and Nevis Law Commission — Freedom of Conscience (Cannabis) Act 14 of 2023 12 unchanged

answers › carry › answer

limited

answers › carry › text

The secured 56 g cannabis or 15 g resin ticket band is separate from protection for private personal use

answers › grow › answer

limited

answers › grow › text

Five secured home plants have ticket or licence routes; private personal-use protection is a separate question

answers › caught › answer

limited

answers › caught › label

Ticket or court assessment

answers › caught › text

EC$50 within statutory possession or home-grow bands; private-use protection above them depends on the case and later law

answers › public › answer

limited

answers › public › text

Licensed use in designated public places or authorised religious use; other public smoking carries an EC$500 ticket

Articles and atlas entries 1

saint-kitts-decriminalisation-2019 articles/saint-kitts-decriminalisation-2019.md

text

In 2019 a judge told the government of Saint Kitts and Nevis that it had ninety days to c … a small amount of cannabis became a matter for a ticket and a fine, not a criminal court.[@1,3] ## The commission and the court The government had already been moving. On 20 February 20 … nyone found with under 15 grams, or growing five plants or fewer, would only get a ticket.[@2] The court went further and faster. On 3 May 2019 a High Court judge, Eddy Ventose, ruled that Rastafari and other adults over 18 could use, possess and grow cannabisany amount in private, and for their own use. He gave the government ninety days to bring the law into line, expressly leaving Parliament power to set quantities by legislation. Supply was outside the private-use ruling.[@3] ## The amendment The bill amending the Drugs (Prevention and Abatement of the Misuse and … dustry and to regulate use for medicinal, scientific, religious and recreational purposes.[@1] | | After July 2019 | |---|---| | Up to 15 g | A ticket and a $50 fine | | Smoking in public | A fine of $1,000 | | Past convictions of young people | To be expunged | | Supply to others | Still an offence | These were the July 2019 statutory rules.[@1] ## What followed In February 2020 parliament [raised the limit to 56 grams](/history/sain … ience-2023/) recognised sacramental use and let adults apply for licences to grow at home. Possession[@2] The 2023 amendment set an EC$50 ticket for private use by adultssecured unlicensed possession of up to 56 g of cannabis or 15 g of resin, in public or private, and for up to five secured home plants. People may retain the cannabis or plants.[@4] In [Saint Kitts and Nevis](/country/kn/) is now treated as a minor infraction, that statutory ticket band sits alongside the court's private-use protection. Above it, the circumstances and later legislation matter; selling cannabis outside the licensed system remains a crimejudgment's private-use wording alone does not settle every case.[@3,4]

model

opusgpt-5.56

sources

Eastern Caribbean Supreme Court High Court — Maccabbee v Commissioner of Police, 3 May 2019 Saint Kitts and Nevis Law Commission — Drugs Amendment Act 12 of 2023 2 unchanged

Code, design and documents 2 files

docs/research/issue-corrections-206-210-2026-10-27.md +14 −0
@@ -0,0 +1,14 @@
+# Issue corrections — 27 October 2026
+
+Read DATA-MAINTENANCE, WRITING, README and the scoring rubric. These are corrections
+to existing claims, with one regression check and one commit per issue.
+
+## #206 — Saint Kitts and Nevis: private use and statutory tickets
+
+Read the operative analysis and orders in [Maccabbee, 3 May 2019](https://www.worldcourts.com/ecsc/eng/decisions/2019.05.03_Maccabbee_v_Commissioner_Police.htm), paragraphs 102–107. Orders (6)–(7) cover adult private own-use possession and cultivation of any amount; paragraph 105 expressly says Parliament can and must legislate quantities. The declarations were suspended for ninety days. This does not establish unconditional unlimited permission after later legislation.
+
+Read all four pages of final [Act 12/2023](https://lawcommission.gov.kn/wp-content/documents/Annual-Laws/2023/ACTs/Act-12-of-2023-Drugs-Prevention-Abatement-of-the-Misuse-and-Abuse-of-Drugs-Amendment-Act.pdf), particularly sections 4–5, together with sections 3–4 of final [Act 14/2023](https://lawcommission.gov.kn/wp-content/documents/Annual-Laws/2023/ACTs/Act-14-of-2023-Freedom-of-Conscience-Cannabis-Act.pdf). The former provides secured unlicensed 56 g cannabis/15 g resin and five-home-plant EC$50 routes, retention, community service on payment default and imprisonment on service default; public smoking has an EC$500 route. The latter supplies adult licence exceptions and temporary seven-day licences. These final Acts replace reliance on drafts.
+
+The [government's February 2023 recap](https://sknis.gov.kn/2023/02/08/st-kitts-and-nevis-government-amends-criminal-records-act-to-address-shortfalls-in-the-legislation/) predates these June laws. Searches did not locate a later appellate reversal of Maccabbee. The visible appellate headnotes in [Percival and Simmonds, 10 November 2022](https://kn.vlex.com/vid/tenielle-percival-v-the-919042075) distinguish the private-use ruling from intent to supply/importation; the paywalled full reasons were not independently read. No claim that all later litigation has been excluded is made.
+
+Corrected profile, visitor guidance, carry/grow/public/caught answers, 2019 entry and its article. Higher private amounts require a case-specific assessment under the ruling and later law. Scores remain 4/3/5/1/3/1: the existing possession/cultivation bands recognise private protection alongside public limits and ticket/licence routes; the sources do not justify unrestricted 10s or a new dated score step.
scripts/profile-claims.test.mjs +17 −0
@@ -471,2 +471,19 @@ test('French B2 visibility has its own three-year clock and restricted audience
   assert.match(events().find(e=>e.id==='france-fixed-fine-2026').description,/B2 criminal record for three years/);
 });
+
+// Issue #206
+test('Saint Kitts separates the private-use ruling from later statutory bands (#206)', () => {
+  const kn=country('kn');
+  assert.doesNotMatch(kn.segments.possession.text,/Above that it is a criminal offence/);
+  assert.match(kn.segments.possession.text,/any amount in private for their own private use/);
+  assert.match(kn.segments.possession.text,/Parliament power to regulate quantities/);
+  assert.match(kn.segments.possession.text,/56 g.*15 g/);
+  assert.match(kn.segments.cultivation.text,/EC\$50 ticket.*five plants/);
+  assert.match(kn.segments.enforcement.text,/three days in prison for default/);
+  assert.match(kn.answers.carry.text,/separate from protection for private personal use/);
+  assert.match(kn.context.visitors.text,/Importation and supply are outside/);
+  assert.match(events().find(e=>e.id==='saint-kitts-decriminalisation-2019').description,/Parliament power to set quantity limits/);
+  const article=fs.readFileSync(path.join(root,'articles/saint-kitts-decriminalisation-2019.md'),'utf8');
+  assert.doesNotMatch(article,/is now treated as a minor infraction/);
+  assert.deepEqual(kn.scores,{possession:4,cultivation:3,enforcement:5,sharing:1,consumption:3,access:1});
+});
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