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Other law 🇲🇭 Marshall Islands

Marshall Islands’ earlier territorial code records a $50 small-possession fine

The 1980 territorial code records a maximum $50 fine for possessing one ounce of marijuana or less, and the same penalty for giving away that amount without payment; larger quantities and sales could bring prison.[1] The code’s geographical clause expressly included the Marshall Islands.[2] The republic’s 1979 Constitution continued existing laws until changed, preceding its national narcotics law of 1987.[3]

The story

The Marshall Islands had cannabis restrictions before its national narcotics law of 1987. The territorial code published in 1980 records a comparatively small penalty for the smallest marijuana offences: a fine of no more than $50 for possessing an ounce or less, with the same rule for giving away that amount without payment.[1][2]

The rules reached the Marshall Islands

The drug chapter belonged to the Trust Territory of the Pacific Islands. The code’s geographical clause expressly covered the Marshall Islands alongside the Caroline Islands and the Mariana Islands other than Guam. Its rules therefore form part of the islands’ earlier legal history.[2]

The republic’s Constitution, effective from 1 May 1979, continued existing laws subject to the Constitution until they were repealed, revoked or amended. Rights, obligations and liabilities under those laws also continued. Self-government came with a rule for carrying earlier law forward.[3]

An ounce separated fines from possible prison

The controlled-substances chapter expressly listed marijuana and THC in Schedule I, its most restricted schedule. For marijuana possession, however, it set separate penalties according to quantity.[1]

An ounce or less brought only the maximum $50 fine. More than an ounce but less than 2.2 pounds could bring up to three months in prison, a $500 fine, or both. At 2.2 pounds or more, possession could bring up to a year and $1,000, while creating a presumption of trafficking that the defendant could challenge.[1]

A small gift received the possession penalty

The same chapter generally prohibited unauthorised manufacture and delivery. Marijuana trafficking could bring up to five years and $5,000. But someone giving away no more than an ounce without payment faced the small-possession fine instead.[1]

First-time possession defendants also had a possible route through probation. With their consent, a court could postpone a finding of guilt. Successful completion brought dismissal, and the person could then ask for the arrest and case records to be cleared, apart from a confidential court record used to check eligibility.[1]

National legislation followed

The national narcotics law took effect in March 1987. The later consolidated law retains professional and prescription exceptions while prohibiting ordinary cannabis possession, growing and distribution. Its marijuana penalties distinguish quantity and previous convictions.[4]

The Marshall Islands profile describes that later system. The earlier territorial code supplies a different historical reference point: small possession and a small unpaid gift were both offences carrying a fine alone.[1][4]

Listed for context. No score change is recorded for Marshall Islands here.

References

  1. Trust Territory Code 1980 — Title 63, Controlled SubstancesPrinted pp. 127–142; sections 251–252, 259, 291–292 and 298; historical code edition, not a 1980 commencement notice
  2. Trust Territory Code 1980 — Title 1, geographical applicationSection 151, printed p. 75: code applies throughout the territory, expressly including the Marshall Islands
  3. Marshall Islands Constitution — continuation of existing lawArticle XIII section 1; Article XIV definitions and section 6; effective date 1 May 1979archived
  4. Marshall Islands Parliament — Prohibited Drugs Act 1987, consolidated through P.L. 2025-37Sections 902–910 and 912–912A; commencement and amendment notesarchived

Checked. The date and the event were compared with a source that was read.

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