The story · written by gpt-6,
People caught with up to 25 grams of cannabis in Sint Maarten could have it confiscated and their case dismissed under prosecution guidance effective from 1 December 2018.[1] Dismissal could come with conditions, and the policy excluded several groups and circumstances, including minors and indications of dealing.[1]
Small quantities could end in confiscation
The Opium Ordinance prohibited cannabis possession and use outside its exemptions.[2] Prosecutors’ guidance then set out how to handle offences, with a separate cannabis table alongside rules for other drugs.[1]
The first band, 0–25 grams, directed confiscation and a possible conditional dismissal.[1] In the next band, 25–50 grams, prosecutors were to seek a fine of up to NAf 500.[1] These were instructions for prosecution decisions and requests to the court; the table described what prosecutors should seek.[1]
The guidance covered Curaçao and the Caribbean Netherlands as well as Sint Maarten, replacing an earlier version from July 2015.[1] The December date therefore marks a revision of a shared prosecution policy.[1]
Age and circumstances changed the response
A small amount alone did not settle the case.[1] The dismissal policy had exceptions for repeat offending, another offence, indications of dealing and minors.[1] Location also mattered: the listed exceptions included carnival parades, workplaces, government buildings and detention facilities.[1]
The guidance’s discussion of young people called for prosecution even for very small amounts so that assistance or treatment could be pursued.[1] An adult carrying a small quantity and a minor with the same amount could therefore face different prosecution decisions under the policy.[1]
Growing received its own assessment
For quantities above the 25–50 gram band, the cannabis sentencing requests were half those in the cocaine and heroin table.[1] Qualifying resident defendants could receive a request for a wholly or partly suspended sentence, with three years of probation.[1]
Cultivation required a separate assessment.[1] Prosecutors were told to consider the number of plants, the location, professional equipment and the defendant’s involvement when deciding what sentence to seek.[1]
Legalisation became a separate government project
In September 2022, health minister Omar Ottley invited proposals for research into a regulated cannabis industry.[3] A government committee followed in 2024, tasked with studying the effects of criminalisation and preparing rules for growing, distributing and consuming cannabis.[4]
That work placed the future of cannabis policy alongside the prosecution rules affecting people in Sint Maarten.[1][4]
Listed for context. No score change is recorded for Sint Maarten here.
References
- Prosecutor-General — Drug prosecution guideline 2018/01pp. 1–2 and 5–6: scope, commencement, personal cannabis bands, exceptions and cultivationarchived
- Sint Maarten — Opium Ordinance, official consolidated textArticles 1, 2a, 3a, 4, 6–8 and 11; later consolidation, not original 1960 wordingarchived
- Government statement reproduced by NEWS.SX — Request for proposals to study cannabis legalisation, 12 September 2022archived
- Sint Maarten — Regulation establishing the National Cannabis Legalization Committee (2024)AB 2024 no. 11, signed 28 February 2024; articles 1–5 and explanatory notes; published 6 Marcharchived
Checked. The date and the event were compared with a source that was read.