Cannabis Freedom Index

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Sint Maarten tells prosecutors to drop many cannabis cases up to 25 g

tags

thresholds, sentencing, youth

title

Sint Maarten applies the regional drug-prosecution guidelinetells prosecutors to drop many cannabis cases up to 25 g

description

The prosecutor-general's Guideline 2018/01 expressly applied to Sint Maarten as well as Curaçao and the Caribbean Netherlands. Its’s prosecutors applied a cannabis table providedpolicy providing for seizureconfiscation and a dismissal, potentially conditional, in the 0–25 g band, subject to exceptions including.[@1] Exceptions include minors, repeat offending, indications of dealing, other offences and specified settingsplaces such as carnival parades, workplaces or government buildings.[@1] The document separately retained prosecutionnext 25–50 g band carries a proposed fine of cannabisup to NAf 500, while cultivation cases require an individual sentencing assessment. It[@1] The guideline replaced the 2015 guideline; this entry does not claim it introduced the region's first small-quantity leniencyversion.[@1]

related

sint-maarten-opium-ordinance-1964, curacao-prosecution-guideline-2018, sint-maarten-cannabis-study-call-2022

Countries and states 1 file

Sint Maarten countries/sx.yaml

medical

nonelimited

summary

Cannabis is illegal under the Opium Ordinance, but the prosecution guideline shared with Curaçao dropspossession remains an offence. Prosecutors can dismiss cases of up to in the 0–25 g once the cannabis is confiscated and fines amounts upband after confiscation, subject to 50 gexceptions. The government invitedordinance includes medical exemptions, while proposals for a regulated cannabis industry in 2022, but no legal market or confirmed medical programme existsremain under debate.

segments › possession › text

UnderPossessing cannabis is prohibited under the Opium Ordinance.[@law] The prosecution guideline provides for Curaçao, Sint Maartenconfiscation and the Caribbean Netherlandsdismissal, in force since December 2018potentially conditional, up to 25 g of cannabis is confiscated andin the case dismissed, conditionally or not, and 0–25 to 50 g brings a fine of up to NAf 500band.[@guideline] Exceptions are possession together with another offenceinclude minors, repeat offencesoffending, signsindications of dealing, minors,another offence and placesspecified settings such as carnival parades, workplaces or government buildings.[@guideline] The next 25–50 g band has a proposed fine of up to NAf 500.[@guideline]

segments › possession › sources

om18law, guideline

segments › cultivation › text

Growing plants of the genus Cannabis is banned, and theprohibited.[@law] The prosecution guideline leavesrequires an individual sentencing assessment for grows to case-by-case assessment, considering matters such as plant numbers, location, professional equipment and the person’s involvement.[@guideline]

segments › cultivation › sources

om18law, guideline

segments › enforcement › text

Small amountsThe small-quantity policy governs prosecutors’ decisions and sentencing requests.[@guideline] Above the 25–50 g band, its cannabis requests are confiscated without prosecution; larger quantities bring demands set at half those forin the cocaine/heroin table. Resident first offenders are usually given[@guideline] For qualifying resident defendants, prosecutors generally seek a wholly or partly suspended sentencessentence with three years’ probation.[@guideline]

segments › enforcement › sources

om18guideline

segments › sharing › text

SupplyingThe ordinance controls cannabis is dealing,possession and signssupply-related activities, while indications of dealing remove the leniency for small amounts-quantity dismissal policy.[@law, guideline] Grow operations receive an individual sentencing request under the guideline.[@guideline]

segments › sharing › sources

om18law, guideline

segments › consumption › text

Small personal amounts are not prosecutedThe ordinance prohibits possessing or using cannabis outside its exemptions.[@law] The prosecution policy has exceptions to small-quantity dismissal for adultsminors and specified settings, but possession atincluding carnival parades, workplaces orand government buildings is excluded from the leniency, and minors are prosecuted so that treatment can be imposed.[@guideline]

segments › consumption › sources

om18law, guideline

segments › access › text

No legal sourceThe ordinance prohibits recreational growing and unauthorised possession, while providing specified medical exemptions. In September 2022 the health minister launched[@law] The government formed a 90-day request for proposals forcommittee to prepare a regulated and legal cannabis industry, stressing studies before any decision on how to legalise; no concrete decision followed in 2024.[@committee] In October 2026 the sources reviewedhealth minister was still seeking regional advice before decisions on reform. Travel guides report a prescription route through pharmacies since 2019, which could not be confirmed from a government source.[@health]

segments › access › sources

dh22law, committee, health

context › production › text

None licensedGrowing cannabis is prohibited by the ordinance.[@law] The 2022 request2024 committee was tasked with preparing conditions for proposals sought partners forcultivation, processing, testing and distribution within a futureproposed regulated industrysystem.[@committee]

context › production › sources

dh22law, committee

context › products › text

No legalThe ordinance controls cannabis products are confirmedflower, resin and preparations based on resin, and separately regulates cannabis extracts and tinctures.[@law] Product testing and rules for cannabis concentrates form part of the 2024 committee’s proposed work.[@committee]

context › products › sources

om18law, committee

context › medical › text

No medicalThe ordinance contains an exemption for people who can show that they need the cannabis programme could be confirmed from official sourcesquantity for their own medical use and obtained it lawfully. The 2022 government plan named[@law] Its statutory medical benefitsprovisions also cover authorised pharmacists and medical practitioners.[@law] A broader medical-cannabis framework is among the aims of a regulated industryreform committee’s objectives; health minister Claret Connor sought PAHO assistance for the policy review in October 2026.[@committee, health]

context › medical › sources

dh22law, committee, health

context › consequences › text

The Dutch tolerance policy does not apply, and the prosecution guideline treats residentsgenerally reserves requests for a suspended sentence to qualifying resident defendants and specifies three years’ probation.[@guideline] It normally does not seek a probation-service report for non-residents differently when it comes, while allowing the defence to suspended sentencespresent relevant personal circumstances at the hearing.[@guideline]

context › consequences › sources

om18guideline

context › clubs › text

No cannabis clubs are knownCannabis growing remains prohibited, and there is no coffeeshop tolerancethe small-quantity prosecution policy excludes indications of dealing.[@law, guideline] The 2024 committee was charged with developing future rules for production, distribution and consumption.[@committee]

context › clubs › sources

om18law, guideline, committee

context › visitors › text

ThereThe small-quantity prosecution table is no legal supply for anyoneexpressed in quantities and circumstances, while its suspended-sentence guidance separately distinguishes resident defendants.[@guideline] The ordinance continues to control possession and cross-border movement of cannabis.[@law]

context › visitors › sources

om18guideline, law

sources

Sint Maarten — Opium Ordinance, official consolidated text Sint Maarten — Regulation establishing the National Cannabis Legalization Committee (2024) St. Martin News Network — Health minister Connor seeks PAHO guidance on cannabis policy, 14 October 2026 The Daily Herald — Minister Omar Ottley spearheads St. Maarten cannabis cultivation (13 September 2022) 1 unchanged

Code, design and documents 1 file

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