Marijuana Moment: Cayman Islands Government Commission Lays Out Options For Marijuana Reform Following Voters’ Passage Of Decriminalization Referendum

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Officials in the Cayman Islands have published a report on options for marijuana reform following voters’ approval last year of a referendum supporting cannabis decriminalization.

The self-governing British territory’s Law Reform Commission (LRC) on Wednesday issued a discussion paper titled, “Cannabis Reform: Options for a Harm Minimisation Framework”—and they are accepting public comments on its findings through September 1.

The document lays out a range of model policies to build on the territory’s existing medical cannabis law while analyzing benefits and drawbacks of each—ultimately concluding that decriminalizing possession and consumption without allowing retail access and marketing “would be most likely to reduce the negative impacts of prohibition while mitigating the risks of reform.”

The commission notes that “cannabis has deep historical, cultural and religious roots across the Caribbean” and was “grown and used freely long before it was prohibited.” Prohibition, it said, “is a relatively recent development, which occurred without the benefit of scientific evidence about the harm or beneficial properties of cannabis.”

“There is a broad consensus that the prohibition of cannabis has been generally ineffective in deterring its use.”

“Even if prohibition deters or suppresses cannabis use to some extent, it is important to evaluate any benefits of prohibition against its negative impacts,” the report notes. “The negative impacts of prohibition include health impacts, socioeconomic impacts and criminal justice impacts.”

“Aside from its inefficacy in preventing harm by deterring use, prohibition has the potential to exacerbate the negative health impacts of cannabis use. There is no regulation of the quality and potency of cannabis, and users have no way of knowing precisely what they are consuming. Users are also less likely to seek help for cannabis dependency if they fear prosecution. In addition, prohibition results in the allocation of resources to enforcement that could otherwise be directed to public health initiatives such as treatment programmes and interventions to prevent the uptake of cannabis by young people… Prohibition also has negative socioeconomic impacts, such as its disproportionate criminal justice impact. Minor cannabis offences are more likely to be enforced against individuals with low socioeconomic status, even though cannabis use is prevalent across all demographics. Such convictions exacerbate inequality by reducing employment prospects, disrupting family units and generally hindering socioeconomic mobility.”

The report weighs various options for cannabis policies—including decriminalization, strict legalization, liberal legalization and hybrid legal regulation.

Despite acknowledging that simple decriminalization “does little to combat the illegal market,” it raises concerns that broader commercial legalization could lead to an increase in problematic cannabis use.

“Accordingly, the Commission holds the view that any reform should be limited to decriminalising the consumption and possession of small amounts of cannabis, while the importation, production, distribution and sale of cannabis should remain illegal,” the report concludes.

It also said, however, that the commission “does not discount the possibility of developing a legal supply model at some point in the future,” saying that for now it is recommending “a cautious, incremental approach to reform focused on harm minimisation.”

“Developing an effective regulatory framework for full legalisation is a highly complex and challenging task for any jurisdiction, let alone a small jurisdiction. This complexity is significantly exacerbated by the difficulties and risks associated with providing banking services to cannabis businesses. It is also essential that the health system be sufficiently resourced to respond to the medical implications of a potentially significant increase in consumption that may result from legalising supply.”

The document provides an overview of the cannabis laws of other jurisdictions in the Caribbean and elsewhere in the world, as well as international treaties that have served as a roadblock to some countries’ reform efforts.

“The Commission considers that legalising the production and trade of recreational cannabis would be problematic under the UN Conventions and that assent to such reforms would likely be refused by the United Kingdom,” it says.

The report, the creation of which was directed by the Cayman Islands Cabinet, lays out a series of specific questions that the commission wants feedback on:

• Do you think that the importation, production, distribution and sale of cannabis should remain illegal?
• Do you think that the home cultivation of a limited number of cannabis plants for personal consumption should be decriminalised?
• Do you think that consumption and possession of cannabis should be decriminalised for minors under the age of 18?
• Do you think that cannabis consumption should only be permitted in private residential dwellings?
• If the consumption and possession of small amounts of cannabis is decriminalised, do you think administrative penalties should apply, or no penalties at all?
• If consumption and possession of cannabis by minors is not decriminalised, do you think that criminal penalties should be replaced with administrative penalties?
• Do you think that decriminalisation should be limited to dried cannabis and not extend to cannabis resin and other cannabis products?
• Do you agree with a possession limit of 30 grams of dried cannabis and 150 grams of ‘wet’ or harvested cannabis?
• Do you agree with a cultivation limit of up to four cannabis plants per household?
• Do you think that historic minor cannabis convictions should be expunged?

Comments on the paper can be submitted electronically to cilawreform@gov.ky or can be submitted in written form to the Director of the Law Reform Commission, 5th Floor Government Administration Building, Portfolio of Legal Affairs, 133 Elgin Avenue, George Town, Grand Cayman, P.O. Box 136, Grand Cayman KY1-9000.

The non-binding referendum that voters approved in April 2025 was intended to inform the discussions within the Cayman Islands government on whether to decriminalize personal possession and use.

Voters at were asked on the ballot whether they “support the decriminalisation of the consumption and possession of small amounts of cannabis.”

The measure was approved 56 percent to 36 percent, with another 8 percent of ballots being rejected.

Medical marijuana was legalized in the Cayman Islands in 2017.

In 2018, the heads of 19 Caribbean nations agreed to “review marijuana’s current status with a view to reclassification,” noting “human and religious rights” issues stemming from criminalization as well as “the economic benefits to be derived” from legalization.

Photo courtesy of Brian Shamblen.

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