Gov Review – By Deslyn A Joseph
Gov Review Public Smoking
The government has announced a forthcoming review of the laws governing smoking in public spaces, signaling a potential shift in how such offenses are enforced across the twin-island nation.
Under the current Tobacco Control Act of 2018 and the Misuse of Drugs Amendment Act of 2024, smoking either cannabis or tobacco in public remains a criminal offense. However, Attorney General Sir Steadroy Benjamin confirmed that these provisions are slated for a formal evaluation once Parliament is reconstituted following the next general elections.
The Attorney General emphasized that the legislative review will not be a closed-door process. Instead, it will be guided by comprehensive engagement with all relevant stakeholders to ensure the law is specifically clear as to what ought to be done in the circumstances.
“The government will therefore be looking at this bit of legislation at a later date to clarify the situation once and for all,” Sir Steadroy stated. During his remarks, the Attorney General outlined a significant change in strategy that may be adopted during the review: moving away from criminal arrests in favor of a ticketing system.
“Ticketing may be an appropriate method of dealing with persons smoking in public rather than arresting,” Sir Steadroy explained. “These are areas that need to be clarified.”
This proposed adjustment follows various representations made to both the government and the police force suggesting that financial penalties are a more appropriate response to public smoking than traditional custodial enforcement.
While the law is being reconsidered, Sir Steadroy noted that the police have been informed of the pending review. He has requested that, in the interim, officers refrain from specific enforcement of these provisions until the legislative language is finalized.
However, the public is cautioned that the existing laws remain in effect. The Attorney General reminded citizens that the current provisions still hold the “force and effect of law,” particularly concerning the possession of cannabis in public spaces.
The government intends for the eventual legislative update to resolve long-standing ambiguities and provide a definitive framework for the enforcement of public smoking regulations.
