Bermuda decriminalises possession of up to 7 g

Bermuda removed criminal liability for simple possession of seven grams of cannabis or less on 20 December 2017. Police could still seize the cannabis, and evidence of intent to supply could still lead to prosecution. Growing, supplying, importing and unauthorised consumption remained offences.

A smaller caution proposal preceded the law

Earlier that year, prosecutors published draft caution guidance for people caught with under three grams. It proposed warnings for first and second incidents, followed by assessment, counselling and a drug test before a third caution.

That approach depended on individual eligibility and repeated contact with the justice system. The December law instead removed the simple-possession offence for cannabis within a seven-gram statutory threshold.

The government’s subsequent explanation said the earlier caution policy no longer had effect. The new threshold became the central distinction for a person found carrying a small amount.

Seven grams covered possession, with a supply exception

The amendment changed the possession clause and added a schedule specifying seven grams. It expressly preserved prosecutorial discretion where evidence indicated an intention to supply.

A small quantity could therefore fall outside the simple-possession offence while a separate supply allegation was investigated. The law also gave a police officer of any rank authority to seize any amount of cannabis.

The government explained that cannabis could be weighed and tested, and that suspected other offences could still justify searches of a home, vehicle or vessel.

Other cannabis activities remained prohibited

The reform left the drug law’s rules on cultivation, supply, imports and misuse in place. The official explanation specifically said smoking remained illegal in both public and private places.

The amendment also required regulations for substance-abuse education or treatment, particularly for minors found with cannabis. This was a duty to establish those arrangements; the statute itself did not record how many people received them.

For people with older convictions, decriminalisation initially left their criminal records in place. The government also cautioned that Bermuda’s change could not guarantee admission to the United States.

Older convictions received a later remedy

The expungement law that commenced in 2021 allowed people to apply to clear qualifying possession convictions for conduct before the reform. Applications needed a ministerial decision.

New rules in 2023 addressed cases where old records omitted the amount. In Bermuda, removing the offence for a small amount and clearing the consequences of earlier convictions were separate stages of reform.^{[1][2][3][4][5]}