Kiribati fines a man A$250 for keeping one cannabis plant

Keeping one small cannabis plant brought Asesele Vaiele Folik a conviction and a A$250 fine in Kiribati on 25 November 2021. He had taken the plant after his half-brother died and placed it among flowers outside his home. The court found no evidence that he used cannabis or intended to deal it.^[1]

A family keepsake became a possession case

The plant had belonged to Folik’s half-brother, Ioaba. When it arrived at their aunt’s home, it was only a few inches high in a milk tin. She watered it for almost a month without realising it was cannabis.^[1]

After Ioaba became ill and died, the aunt became afraid to keep the plant. She gave it to Folik as something belonging to his late half-brother. Folik did not want an argument and took it home, knowing what it was. By then, it was about thirty centimetres high.^[1]

He put it outside facing the public road, among other plants. Police arrived three days later, found it easily and charged him with possession. The case proceeded on his guilty plea and an accepted summary of facts.^[1]

Both sides asked the court to impose a fine

The prosecution submitted that custody was unwarranted, while arguing that punishment should show the public that keeping the plant was unlawful. Defence counsel also sought a fine because the offending was at the lower end of seriousness.^[1]

Chief Justice William Hastings compared the case with an earlier Tongan possession sentence and Kiribati’s fisheries officer case. The officer had kept and used cannabis for a month and received a fine.^[1][2]

Hastings considered Folik’s case less serious. There was one small plant, no evidence of use or dealing, no concealment and no evidence that it originated with him. Family pressure explained why he had taken possession.^[1]

Knowing possession still brought a conviction

The court treated Folik’s knowledge of the plant as important. He pleaded guilty to possessing Indian hemp under the inherited drug ordinance, which prohibits possession and separately addresses cultivation.^[1][3]

Hastings also considered Folik’s early plea, lack of previous convictions, work as a carpenter and responsibilities to his family. He balanced deterrence against the limited seriousness of the conduct when setting the fine.^[1]

Payment determined whether he would go to prison

Folik had until the end of December 2021 to pay A$250. Failure to pay would result in one month in prison. The sentence therefore left custody as the consequence of default, while imposing a conviction and financial penalty for keeping the plant.^[1]

The Kiribati profile places this outcome alongside other possession, cultivation and import cases, and explains the law covering cannabis plants and planting material.^[1][3]