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Deputies who favour reviewing the legal status of cannabis say that a pre-emptive strike by two of their colleagues to avoid a review is "baffling" and "irresponsible".
And an 11-page report issued in support of the attempt to prevent a vote next week on whether to review cannabis laws has been described by one deputy as "the biggest crock of nonsense I've had the misfortune to have to read for quite some time".
The Policy & Resources Committee is offering to include a "review of the legal status of cannabis" in the States' Work Plan from 2023 if the States shelve work they previously agreed to change public health laws and the powers of the Medical Officer of Health.
But Deputies Andrew Taylor and David Mahoney have submitted an amendment - reported extensively by Express on Tuesday - which tries to take away the choice currently facing deputies between a review of public health laws and a review of cannabis laws and proposes completely removing the option of voting for a review of cannabis laws.
Approving a review of cannabis laws would significantly increase the chances of a debate in the current States' term about whether cannabis should be decriminalised or legalised. Whereas approving the amendment submitted by Deputies Taylor and Mahoney would be more likely to end any further consideration of cannabis laws before the next election in 2025.
Pictured: Deputies Andrew Taylor (inset, top) and David Mahoney (inset, bottom) want the States to rule out a full review of the island's cannabis laws which they fear could result in a debate later this term about whether to legalise or decriminalise possession and supply of the drug.
"The amendment baffles me. The sentiment seems to be to want not to discuss a review of cannabis. However, while appearing not to want to discuss cannabis, the proposer and seconder have in fact provided an 11-page report with their views on it, which is sadly lacking much data or evidence," said Deputy Tina Bury.
"What it looks like to me is that Deputies Taylor and Mahoney have taken the opportunity to share their opinions on the matter but they’d like not to have to hear anyone else’s.
"The amendment isn't necessary and I'm struggling to see what it actually brings to the process. The original propositions allow a debate and a consensus decision to be made."
Deputy Bury was speaking as an individual deputy but she is also Vice President of the Committee for Health & Social Care, which has been working with the Committee for Home Affairs, of which Deputy Taylor is a member, on a review about whether to adopt more of a health-based approach to drug abuse.
Pictured: Deputy Al Brouard's (left) Committee for Health & Social Care and Deputy Rob Prow's Committee for Home Affairs have been reviewing the island's approach to drugs but discussions about legalising or decriminalising cannabis use are ruled out of their review at present.
The Committee for Health & Social Care's proposal has the support of Deputy Sasha Kazantseva-Miller, who thinks the Committee should be allowed to lead the wider review of cannabis unimpeded by the amendment from Deputies Taylor and Mahoney, which was published eight days ahead of the first day of the States' meeting next Tuesday, 28 June.
"This amendment is quite irresponsible because it forces the full debate on the issue without either a comprehensive evidence-based policy letter attached to it or the time for members to prepare for the debate properly," said Deputy Kazantseva-Miller.
"It tries to undermine the view of the Committee for Health & Social Care, which is best positioned to understand what type of policy development it should be undertaking to improve living standards from a health perspective.
"Cannabis is a complex issue that needs to be properly considered. Doing so via a last-minute amendment does not do anyone justice.
"Review of the legal status is something a significant proportion of our community has signalled to be of high importance to them. As elected representatives, it's our job to consider issues of community importance and do so properly.
"I don't have a formed view on the issue but welcome that the Assembly debates it in a proper manner with full consideration."
Pictured: Deputies (l to r) Tina Bury, Sasha Kazantseva-Miller and Adrian Gabriel told Express they were disappointed to receive the amendment submitted by Deputies Andrew Taylor and David Mahoney.
There was disagreement among deputies who favour a review of the legal status of cannabis about whether the amendment from Deputies Taylor and Mahoney could result in more or less debate about the issue at next week's States' meeting.
Deputy Adrian Gabriel felt that approving the amendment would "stifle debate". But Deputy Heidi Souslby said she was "struggling to understand the logic of the amendment, which does no more than the [original proposal] other than focus debate on the issue...it seems strange coming from a member of the Committee for Home Affairs, which has asserted over the last few weeks that even having a proposition on this issue was wrong and would dominate debate".
Deputy Soulsby, who leads on the States' Work Plan for the Policy & Resources Committee, said she had "no problem" with "a debate exclusively on this issue".
Deputy Gabriel said "the opportunity should be there to hear both sides of the debate".
"For the record, I'm not supportive at the moment of legalisation or maybe even decriminalisation, but I want to hear the debate," he said. "I'd like to see a review. We have commercial cannabis operations in Guernsey and probably a thriving black market too. Should the two co-exist?"
Pictured: States' members will debate issues relating to cannabis when they meet next week for their annual meeting on the States' Work Plan.
Deputies Taylor and Mahoney have been highly critical of a decision made at the final meeting of the previous States' Assembly in August 2020 which directed relevant committees to report to the States on options for alternative and non-punitive approaches to the possession and use of small quantities of illegal drugs. That decision followed a proposal by Deputy Jonathan Le Tocq. But Deputies Taylor and Mahoney said: "The problems that [direction] seeks to solve barely exist."
Deputy Le Tocq, who sits alongside Deputy Mahoney on the Policy & Resources Committee, told Express that the States need to understand that "this is an issue that is not going away - we can't keep putting it off".
"Whilst I am not in favour of legalisation, I have studied the Portuguese experience of treating drugs as primarily health issues. I believe there is strong evidence to suggest we would save money and reduce crime if we followed that pattern in an appropriate way," said Deputy Le Tocq.
Deputy Le Tocq said he was "not very optimistic" that the States would carry out a full review of the legal status of cannabis in the next few years.
Deputy Roffey agreed. "As to the amendment's chances, I fear they might be quite good because it is seeking to rule out consideration of a very progressive measure and this is not a particularly progressive Assembly," he said.
Pictured: Deputies Peter Roffey (left) and Jonathan Le Tocq support a full review of the island's cannabis laws but they are not optimistic the work will go ahead in this States' term.
"I believe a proper review of Guernsey's approach to cannabis is very many years overdue, so I definitely won't be voting to stymie the idea," said Deputy Roffey.
"I also think our old stance on this issue has been made increasingly untenable by the adoption of a regime where many islanders are able to use the plant concerned for medicinal reasons. I have never been convinced that prohibition is a sensible approach to such a widely used substance and also feel Guernsey's legalistic response to its use probably does far more harm than it prevents.
"None of this should be taken as actively encouraging cannabis use. It is a case of accepting that 40 years of harsh laws against its use have not worked and, just like alcohol, it would be far better properly to control its production, importation and sale under a licensing regime. This would allow for quality control, protection of minors and several other clear benefits. So I would favour a Canadian-style approach.
"I fully accept that many other States' members may disagree with my starting point on cannabis. I respect that, but I find it sad to think that they don't even want to allow a States' committee, who seem willing to carry out the task, to look into the matter and report back to the Assembly with its conclusions.
"All governments need to move forward on a range of policy fronts, including initiatives on the economy, health, education, safety, financial security, equality and social reforms. It is absurd to limit yourselves to just one area of activity. This review ticks the boxes of both the health and social reform and I think is a very valid workstream reflecting a trend throughout the western world."
Pictured: Deputy Marc Leadbeater (left) resigned from Deputy Rob Prow's Committee for Home Affairs over disagreements about policies and laws on cannabis.
Deputy Marc Leadbeater, who has openly declared that he is a Director of a cannabis company based in Guernsey and has long supported reforming the island's drug laws, questioned whether Deputies Taylor and Mahoney had sufficient understanding of the issues on which they are trying to lead debate via their amendment.
"The really annoying thing is that the proposers and supporters of the amendment have little or no knowledge of the topic whatsoever," said Deputy Leadbeater.
"The report prepared by the Committee for Home Affairs, and appended to the amendment, is the biggest crock of nonsense I've had the misfortune to have to read for quite some time.
"We only have to look at the jurisdictions that have regulated adult use regimes to see the benefits. Social, financial and public health benefits are being seen across the globe. Malta, Luxembourg, Italy and now Germany have pledged to introduce legislation this term."
Deputy Leadbeater resigned from the Committee in October last year. At the time, he said he had been "marginalised" by the Committee's President, Deputy Rob Prow, because of his views on cannabis laws and his wish to reform the States' stance on them.
Pictured top (inset): Deputies Andrew Taylor (left) and David Mahoney (right).
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