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By Keith Archibald Forbes (see About Us) exclusively for Bermuda Online
2017. February 24. Many are sceptical that a new cannabis caution policy will avert convictions, under the belief that police have long held the power of discretion for minor drug offences. Others at last night’s meeting on the decriminalization of marijuana, hosted at Warwick Workmen’s Club, supported full legalization of the drug via the first step of bringing in medical cannabis. Roughly half of attendees supported decriminalization, with one man telling the gathering: “Everybody smokes it. You’re not going to stop it.” Meanwhile, a drug prevention officer from the Department of National Drug Control said her office was focusing on school-age children and “stopping drug use before it starts”. “Marijuana is coming into our schools in the form of cookies and brownies and we’re very concerned about it,” she told The Royal Gazette. “It’s very hard to regulate potency and young people don’t know about it. All they know is they would like to be high.” Several at the meeting, led by Warwick South East MP Lawrence Scott of the Progressive Labour Party, called for the drug to be legalized as a form of regulating it, with one woman telling the gathering of about 20 people: “Even if we decriminalize, there’s still a criminal element that’s going to give you a tainted product.” One man voiced frustration at the debate over how Bermuda should proceed, saying the argument amounts to “reinventing the wheel. Just look at all the states in North America that have done it,” he said. "All the concerns have already been addressed.” The majority seemed to view legalization as an inevitability, with another man declaring: “We need to become independent thinkers in an industry that’s leaving us behind.” He said he worked with tourists and was regularly approached by visitors curious about buying cannabis. “We’re competing with other places with pink sands and beautiful waters that allow tourists to be free. In Jamaica it’s not legal, but they leave the tourists alone.” Mr Scott characterized the meeting as a fact-finding endeavour, saying many of his constituents had spoken to him regarding the issue. Larry Mussenden, the Director of Public Prosecutions, initiated a survey of opinions in May 2016 for a caution policy on simple possession of small amounts of cannabis, while the Opposition has prepared its own Bill for decriminalization. Mr Mussenden announced yesterday that he had issued the guidance for formal cautions on simple possession of cannabis to the Commissioner of Police, detailing a “three strikes” policy in cases where a person is found with less than 3g of the drug.
2017. February 20. Legislation paving the way for people to be cautioned for possession of a small cannabis is set to come into force, Attorney-General Trevor Moniz has confirmed. Mr Moniz released a statement after Director of Public Prosecutions Larry Mussenden unveiled a new “three strikes” draft policy meaning people caught with less than three grams will receive formal cautions. He recalled the Police and Criminal Evidence Amendment Act, passed last March, allowed for the Bermuda Police Service to issue formal police cautions to persons suspected of committing offences and who admit culpability. “Formal cautions serve as an alternative to traditional prosecutions before the courts,” Mr Moniz stated. “They give law enforcement another tool in helping to prevent unnecessary criminalisation in the first instance and to further deter persons from future actions that may lead to criminalisation. Cautions permit the police and prosecutors to consider a response which is proportionate to the level of criminality involved. Following passage of the legislation, the DPP commenced a consultative exercise with stakeholders across Government and the community. The result of that exercise was the announcement of Draft Formal Police Caution guidance for Simple Possession of Cannabis weighing three grams or less. To that end, I am now bringing the legislation into force, and a notice to that effect will be published in the Gazette shortly. The DPP will then be in a position to formally bring the guidance into effect. I wish to thank the DPP and his team for all of their hard work in effecting this guidance, and to all stakeholders who took the time to respond to his request for comment.”
2017. February 20. The arrival of fentanyl in Bermuda is prompting warnings over the drug’s potential impact to public health and safety from representatives of the health, policing and government communities. The message follows the arrest of two Canadians in December after allegedly smuggling the drug into the country. A third suspect — a Jamaican national — was subsequently charged. The matter remains before the courts. “This is an incredibly dangerous drug, and people can die very quickly from it,” Edward Schultz, director of Emergency Services for the Bermuda Hospitals Board, said of the synthetic opioid. With a potency roughly 50 to 100 times that of morphine, the drug has been heavily linked to what Health Canada in November described as a “crisis of opioid-related overdoses and death across the country,” and which prompted a nationwide alert from the United States Drug Enforcement Administration nearly two years ago. Widely used by physicians as a pain reliever, forms of fentanyl began to be sold for illicit purposes, most commonly as a cutting agent in other narcotics — primarily heroin — creating greater risks for those using the drug. “I think there’s a huge issue with heroin use in Bermuda,” Dr Schultz said. “We’ve had a large number of people using heroin for the last 20 years. There’s always been a very large heroin-using population,” Bermuda Police Services Detective Superintendent Sean Field-Lament said. According to Mr Field-Lament, the country’s heroin supply — traditionally sourced from either Mexico, via the eastern United States, or more recently The Netherlands, via London — has rarely been stepped on. We tend to get quite high purity,” he said. The arrival of fentanyl, he said, would allow heroin to be cut down by importers and dealers to increase yields, and ultimately profits. “My concern is that you’re going to see an expansion of heroin use by just adding amounts of fentanyl,” he said. Fatal even in small doses, fentanyl’s infiltration into heroin elsewhere has put users at an increased risk for overdose and death. With a 10-milligram “deck” of heroin selling for $25 on the island, the amount of fentanyl needed to cut a single hit is minimal. “The amount of powder that gets somebody feeling good from fentanyl and the amount that will kill you — you can’t eyeball that,” Dr Schultz said. “The amount is even smaller to create a high-risk of toxicity, overdose and death,” Government of Bermuda analyst Nadine Kirkos echoed. Prior to fentanyl’s recent arrival on island, Mr Field-Lament said the drug wasn’t really on “the radar” of police. In fact, fentanyl was not technically illegal when it first showed up, and required fast tracking to add to the Government’s list of banned substances, he said. Ms Kirkos, however, said that the Government had been tracking the issue for some time. “Fentanyl has certainly been on our radar for a while,” she said. “But obviously we can only test what comes in.” Testing of the drug, as well as identifying its effects, also presents a myriad of problems. According to Mr Field-Lament, results on tests ordered into suspicious deaths have taken an “inordinate amount of time, from a policing perspective” to receive. “The capacity on the island to do a very timely toxicology report is not there,” he said. “And that’s one of the things we’re trying to address.” Test results can typically take six to eight weeks to be returned, Mr Field-Lament said. Results on tests ordered relating to three “incidents” in 2017 remain outstanding. “The problem is we are an island,” Ms Kirkos said. “You have a large bureaucratic pathway to go through to be able to ship something away.” Samples dating back to 2013 are also being re-screened for the drug, she said. Fentanyl also does not show up on standard tests, making the diagnosis of an overdose by the drug by first responders and health practitioners particularly difficult. After the death of 25-year-old Christopher Spencer in 2015, the use of Naloxone — a drug used to counteract the effects of an opioid overdose — was approved by all emergency medical technicians without a doctor’s approval following a coroner’s recommendation. Naloxone, commonly sold under the brand Narcan, is now carried by all EMTs. “The drug will save lives,” Dr Schultz said. “What I advised all my colleagues in the emergency department when we found out fentanyl is on the island, is that if anybody comes in under this profile, we need to give large amounts of Naloxone and you’re not going to be able to test for it, so don’t be deterred by negative tests,” he added. A national strategy to address fentanyl is currently being developed, Mr Field-Lament said. “Certainly if your loved one is an addict, you should be aware of the dangers,” he said.
2017. February 17. People caught with less than three grams of cannabis will receive formal cautions, under a new “three strikes” draft policy unveiled by Director of Public Prosecutions Larry Mussenden. On being arrested for a third time, the offender will have to undergo drug assessment or drug counseling or face being sent to court for prosecution. In a statement, Mr Mussenden said that under the Police and Criminal Evidence Act, a provision was created to allow the DPP to give guidance for a formal police caution policy for appropriate offences. “Thereafter, I announced that I would consider a guidance for a police caution policy in respect of simple possession of cannabis,” he said. “I stated that I would welcome input from the community. Also, at that time I reached out to various agencies for their views on a police caution policy for simple possession of cannabis. I have drafted a guidance for a police caution policy for simple possession of cannabis. I am pleased to release a draft of the guidance for a caution policy today as information to the general public. I intend to formally bring the guidance for a police caution policy into effect once the Police and Criminal Evidence Amendment Act 2016 is brought into operation by the Honourable Attorney-General by way of a notice in the Official Gazette.” He said that in order to create the policy, he consulted with a number of bodies and members of the public, who provided a wide range of recommendations. “The submissions ranged along the spectrum of how a police caution policy should be structured from a blanket caution for all cannabis to having a limited number of cautions, and to having some conditions in order to obtain a caution. Other aspects were urged such as reducing the number of people being convicted, preventing the harmful impact of drugs on society, preventing initiation and use of drugs in youth in order to protect the developing brain, protecting minors from drug use which leads to drug abuse as an adult, preventing unintentional accidents, preventing diversion of funds to drugs and to promoting health education generally.” The key points for the policy as laid out by Mr Mussenden are:
If the conditions are met, then a third caution will be issued — otherwise the offender will be sent to court for prosecution. On a fourth arrest within two years of a third caution, the offender will not be eligible for a fourth caution. Upon two years passing from the date of the third caution, an offender is re-eligible for a first caution. “It is a pleasure to release this guidance for a caution policy for cannabis,” Mr Mussenden concluded. It is designed to steer offenders away from the courts with all the consequences arising from convictions, builds in a three strikes policy, and involves counseling and drug testing. The policy is designed to allow our people to pursue their life and career objectives and to be productive, healthy and successful members of the community.”
2017. January 23. A Jamaican national was named yesterday as the third person charged with a plot to supply the controlled drug Fentanyl. Maurice Martin was charged in Magistrates’ Court of a single count of conspiring with others between an unknown date and December 20 to supply the synthetic opioid. He was not required to enter a plea as the matter will be heard by the Supreme Court. Two Canadian nationals have previously been charged in connection with the same incident. The 33-year-old was released on $150,000 bail with a like surety, under the conditions that he surrender all travel documents and report to the Hamilton Police Station on a daily basis. The matter is expected to appear before the Supreme Court in March.
2016. December 29. The Bermuda Police Service has said officers have discovered the controlled drug Fentanyl on the island. The drug — a synthetic opioid — is associated with the misuse of heroin and has been linked to multiple fatal overdoses. According to the Drug Enforcement Administration (DEA), Fentanyl is a dangerous, powerful Schedule II narcotic responsible for an epidemic of overdose deaths within the United States. Detective Superintendent Sean Field-Lament said: “The BPS Drug Unit is conducting an investigation and we have informed our public safety and healthcare partners of the associated risks. We will work with our partners to formulate a more detailed response in the coming days, but in the meantime we would like to draw the DEA’s safety precautions regarding Fentanyl to the public’s attention: exercise extreme caution, be aware of any signs of exposure and seek immediate medical attention.”
2016. May 25. In the UK. so-called legal highs were banned. Visitors from the UK and elsewhere should note that all these drugs have never been legal in Bermuda. They include Methylphenidates which are promoted as cocaine alternatives which are also known as the following: Ritalin, propylphenidate, Posh, Opaline, Gogaine, Fake Cocaine, Evoke, ethylphenidate, Ching, Burst, Banshee Dust. Synthetic cannabinoids which are also known as the following: X, Tai High, Hawaiian Haze, Spice, Mary Joy, Exodus Damnation, Devil's Weed, Clockwork Orange, Bombay Blue Extreme, Blue Cheese, Black Mamba, Annihilation, Amsterdam Gold, are also banned in Bermuda.
2016. April 25. A Cannabis Reform Collaborative was formed in 2014 to determine if legislative changes are needed but the changes it recommended to reduce the illegality remain on the shelf two years after they were presented to the Bermuda Government. Until then, it remains illegal and persons in Bermuda and all visitors discovered to be importing any narcotic face huge fines, imprisonment and being banned indefinitely from visiting or residing in the USA and other countries.
2015, November 20. Marijuana, heroin and cocaine remain the most commonly used illegal drugs in Bermuda, according to the annual report from the Bermuda Drug Information Network. The study by the Department of National Drug Control, provides analysis of trends in drug use in 2013 and 2014 according to a press release from the Ministry of National Security, it presents national data on the nature and magnitude of use and misuse of legal and illegal substances in Bermuda and represents the work of a broad spectrum of agencies and departments engaged in drug prevention, intervention, treatment, counseling, rehabilitation, enforcement, interdiction, and health. The release states: “Drug use is a difficult and complex phenomenon to monitor. This report serves the purpose of providing a comprehensive overview of the current drug situation in Bermuda using multiple sources and indicators, with the intent of providing insight into the different aspects of the drug problem.” The report monitors and accounts for local drug-related information from about 30 data providers, covering some 45 drug control areas, and providing measures for more than 150 indicators. Since last year, it has expanded to include four new measures and one new survey. Drug use prevalence has remained constant among Bermuda’s residents over the past ten years, with alcohol, tobacco and marijuana the most commonly used substances among the general adult population and youths, while the heroin and cocaine remain drugs of choice for problem drug users. Since 2014, drug-related crime has declined and there were no cases where drug use contributed to the underlying cause of death. Michael Dunkley, the Premier and Minister of National Security, stated: “The Government is committed to a healthier and safer Bermuda and an interconnected balancing of drug control efforts in both supply and demand reduction. Drugs continue to jeopardize the health, safety and welfare of people throughout the world; and Bermuda is no exception, as substance abuse continues to negatively impact our island extensively. Drug use prevention cannot occur unless there is change in our social attitudes toward alcohol and drug misuse.” The report can be found at www.dndc.gov.bm.
To avoid arrest for any type of illegal narcotics, such as but not limited to cannabis, liquid ecstasy, magic mushrooms, marijuana, cocaine, heroin, etc. don't import them. Bermuda laws do not permit the sale of marijuana or any other narcotic drugs for any reason, not even for any alleged medical purposes. Even so-called "legal highs" of the type sold in some places in the UK are illegal here. It applies to those who arrive by any means - air or cruise ship or yacht. Locals, tourists and visitors are not given any breaks. UK European, USA and Canadian laws don't apply in Bermuda. Excuses that the drugs are needed for medical reasons are deemed spurious, irrelevant, immaterial and not accepted.
If you live in Colorado or Washington State or anywhere else that has legalized marijuana or any other narcotic drug in any way, don't bring it to Bermuda. It isn't allowed here under any circumstances. Your home-state policies don't apply and are not recognized in Bermuda and you'll be prosecuted to the fullest extent of Bermuda law, regardless of whether you are cruise-ship visitor or airline passenger visitor or working newcomer or Bermudian or non-Bermudian resident.
Do not bring them to Bermuda! Yet despite this warning, Bermuda-bound cruise ship passengers galore are caught and convicted, spoiling their vacation and earning a permanent Bermuda and worldwide criminal record.
Cannabis sativa. Marijuana. One of the many narcotics for which there is zero tolerance on Bermuda, not even for medical use.
There is a total zero tolerance policy and crews of cruise ships and drug couriers are known as major importers. Bermuda Police and Customs Officers work very closely with their drug enforcement counterparts in the USA and elsewhere. Narcotics officers travel on every Bermuda-bound cruise ship, with drug-sniffing dogs and more and are given complete freedom by every cruise line whether in American, international or Bermuda waters to enter cabins of suspects at any time of the day or night, whether the cabins are occupied or not, when passengers are awake or sleeping, without a warrant, to make detailed searches and arrest suspects. They can routinely search and often act, either for no specific reason or on tips from passengers and crew who detect smells and unusual behavior. They work closely with staff on all the cruise ship lines serving Bermuda and when necessary call on the services of their Cruise Ship Enforcement Team. Detection systems are now very sophisticated and include drug-sniffing dogs employed for the task at the airport and on cruise ships. Despite warnings, arrests and convictions happen every day. Penalties for not complying are very harsh in Bermuda for even the smallest amount, with separate criminal charges for importation, possession, intent to supply and more - and with substantial repercussions elsewhere as well, as their names, passport numbers, social security numbers, and more are circulated to overseas authorities.
There have been many cruise ship and other visitors, crew members and others caught with drugs. Those arrested are charged, remanded in custody and possibly face several serious charges including importation with intent to supply. When visitors are caught and convicted of having illegal narcotics, they may lose their scheduled airline or cruise ship departure dates because they will have to remain in Bermuda until their court cases are scheduled, 5 days or more later; will not be able to apply for refunds; will be officially deported; and will have files on them given to police forces in other countries. Some complain, thinking their constitutional or other rights have been ignored, which is complete rubbish. They are expected to obey the laws of the land or pay the price.
Cruise ship passengers are strongly recommended to read, learn, inwardly digest and pay strict heed. The full list of the hundreds of banned narcotics are in the Bermuda Government's Misuse of Drugs Amendment Act 2005. It is not an excuse if you fail to make yourself familiar with the contents of the full list. Claims they invariably offer that they do not have the money to pay the fines are routinely ignored. They are remanded in custody or are put on bail with their transportation tickets impounded until they do. One reason officials in Bermuda are so tough is because fines are revenue to the Bermuda Government and the Customs Department is the source of the biggest of all revenue departments of the Government. So, unlike many other countries where Customs procedures appear to be relaxed and tolerant, the Bermuda system is neither. The discovery rate is over 70%. Cruise ships, their crews and passengers are automatically suspected now, especially since a huge stash of over 15 kilos of cocaine - valued locally at over US$4 million - were seized from a cruise ship recently.
Under no circumstances - except for specific, limited duration sporting occasions which include competitive shooting - are visitors and new residents allowed to import or own unlicensed (under Bermuda laws) guns of any kind, not even BB or pellet guns or slingshots. Penalties for doing so are severe. Only when such sporting events occur can participating athletes and/or their sports organizations apply well in advance to be allowed to import their firearms under a temporary Bermuda Government-issued Firearms License. Only they or the Bermuda Police or Bermuda Regiment or some other Bermuda-recognized entity or their registered members authorized to do so may hold Bermuda Firearms Licenses to possess and use Bermuda-licensed firearms in Bermuda.
Offensive and defensive weapons of any kind, like real or fake or toy firearms (guns) of any type, including flare guns and any ammunition; any kind of weapon to deter thieves or intruders; catapults (slingshots); BB guns; cutlasses; crossbows; mace in canisters; pornographic material; throwing knives; flick knives; martial arts weaponry; nightsticks; nunchakus; spiked wristbands; swords; spear guns, all pistols, all rifles, all ammunition for them, signal guns, all other weapons and all live marine animals (including lobsters) by any private individuals. Residents, visitors, and businesspeople who ignore the above will have their weapons seized permanently by the Bermuda Police Service and those convicted will be prosecuted to the fullest extent of the law. They will get a minimum ten year jail sentence for illegally importing the weapons into Bermuda and will be publicized and reported to Federal or provincial or state authorities for illegally carrying firearms on ships or aircraft. It is not an acceptable excuse to say you were not asked by airport staff if you packed your bags yourself, because you were. Nor is it acceptable to say that you forgot an illegal item was in your luggage, or was put there by mistake.
Snakes. It is illegal to bring snakes into Bermuda either as a business or a private citizen.
Bermuda Customs Officers took over from Bermuda Immigration the procedure for arrivals in early 2002. Be prepared for lines (queues) at the Immigration desk, then Customs duty counter, then Customs inspection queue. There is now a "green light" or "nothing to declare" system as in North American, Irish and European airports. After claiming luggage from the carousels, go through Bermuda Customs. Declare a medically prescribed drug.
If at a hotel and a Customs Officer notes you are bringing nothing illegal and have no items to declare, you may be waved through. If not staying at an hotel, you and your luggage will probably be inspected, possibly thoroughly.
85% of all visitors are from the USA and assume, incorrectly, that in Customs exemption of duties for visitors - from wherever they may be - and returning residents, Bermuda has the same very generous laws as the USA. Unfortunately, this is not the case. By comparison with the USA, Britain and Europe, Bermuda greets its visitors with tiny personal allowances, almost no customs-duty free allowances for gifts. (Visitors may bring in, duty free for personal use only while they are here, their clothes and articles like cameras, golf bags, 50 cigars or 200 cigarettes or 0.454 kilos (1 pound weight) tobacco; 1 liter of liquor or wine and a token $30 gift allowance). To avoid being arrested and having goods confiscated, do not try to import goods into Bermuda without paying the duty. And for returning residents there are extremely strict laws, regulations, controls and miniscule allowances compared to the generous procedures allowed in the USA, Canada, United Kingdom, etc. for their returning residents. Items brought in by visitors and residents that are not within their duty free category incur a stand import duty rate of 22.25% of purchase cost. Produce receipts from a retail store satisfactory to the Customs Department of actual purchase price of the items or be prepared for the Customs Department to assess items for your payment of duty at much higher Bermuda prices. This is applied vigorously.
Compare the following:
Normally, in the USA, for visitors or returning residents, the duty-free allowance or exemption from Customs Duty is $400 per trip, but from November 4, 2002, it was raised from November 4, 2002 to $800 (from $400) for those who have not used the exemption in 30 days.
In Bermuda, returning residents are allowed an allowance of only US$ 200 (until 1989 it was US$400 a person, reduced in 1990/91 to US$250 a person and subsequently reduced yet again to US$100 per person, now back since 2015 to $200 a person after severe international criticism) before they pay duty on items they bring but visitors are not entitled to such an allowance.
All visitors and residents arriving by air or cruise ship are now being given the following form by airlines and cruise ships and are required by the Bermuda Government to complete them on both sides before they clear Bermuda Immigration. No other country requires this form.
Bermuda Customs are now very, very tough on the rising number of duty evaders with more court cases plus on-the-spot fines at the airport. Failure to comply with customs regulations result in penalties for false declarations and prosecution of more cases involving serious commercial fraud. Duty cheats can also get a criminal record. Individuals who evade duty are liable for penalties of up to $12,000 or five times the duty payable while commercial duty cheats are subject to fines of up to $100,000. Customs officers make on-the-spot penalty assessments at the Airport Baggage Hall with officers given discretion about the levels of fines.
If you bring any foodstuffs with you, check with Bermuda Customs to know what is legal and dutiable as the case may be. Only Bermuda Customs can be the definitive source of information in this regard. Write in advance to Bermuda Customs at Hamilton Hall, 40 Front Street, Hamilton HM 11, P. O. Box HM 2084, Hamilton HM HX, Bermuda. Some fresh, frozen or cooked fish can be brought in providing the packaging is free of algae or seaweed.
Most Consumer and electronic goods can be imported if determined to be free of narcotics, subject to import duty.
Owners of arriving animals, plants, flowers, fruits, shellfish and products and vegetables must have proper documentation approved earlier by the Bermuda Government's Department of the Environment. All plants brought in by residents and visitors by air or via the Post Office must have documentation approved in advance by the Plant Protection Laboratory or they will be confiscated and referred to that facility for extensive plant inspection for any pests or problems. Residents and visitors should note that under the Fisheries (Protected Species) Order 1978, the Queen Conch (Strombus Gigas) and the Harbour Conch (Strombus Costatus) are illegal to import, an offence to purchase and possess and illegal to take from Bermuda waters.
To ensure that persons do not pay duty again on goods they export temporarily for their personal use, they should register duty paid articles, via Customs Form 52a, before their departure. They can do so before a Customs Officer at HM Customs Main Office; or General Post Office - Parcel Post; or Airport Customs Passenger Arrivals Hall prior to check-in for an airline flight; or Airport Customs Long Room Freight Shed; or HM Customs Yacht Reporting Facility, St. George's.
February 25, 2017.
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