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The Government wants to explore "potential approaches to harm reduction" associated with the recreational use of cannabis, "which may include legalisation", according to a report.
Politicians are set to debate next week whether to pursue regulation, decriminalisation, or legalisation of recreational cannabis.
A proposition lodged by Deputy Tom Coles last month called for the personal possession and recreational use of cannabis to be decriminalised for those aged 18 and over.
Pictured: The changes put forward in a proposition from Deputy Tom Coles would mean decriminalising the personal possession and recreational use of cannabis for adults.
He argued this move would "protect islanders" and better align policy with the Government's own substance use strategy of "harm reduction".
Deputy Coles wants this law to be in place by November next year.
However, the Government is requesting more time to explore options beyond just decriminalisation – such as legalising or regulating cannabis.
In an amendment to Deputy Coles' proposition, the Council of Ministers argued that a time extension would allow for the development of "fully informed" proposals while also considering issues like child protection and cannabis supply issues.
They added that "effective, safe legislation cannot be delivered within a November 2025 timeframe".
A report accompanying the amendment said: “The Council of Ministers recognise the need to address this matter, including giving consideration to the harms that can arise from criminalising users of cannabis, whilst also considering the need to protect children and the wider community.
“However, the Council of Ministers propose several amendments to support more informed decision-making.”
The report also explains that "for the purpose of clarity, in bringing this amendment, members of the Council of Ministers will be voting as individual States Members (a free vote)" rather than collectively.
In the run-up to the debate, some have Ministers expressed support for relaxing the laws, with Health Minister Deputy Tom Binet saying earlier this year decriminalisation "would make a lot of sense" to avoid "giving kids criminal records".
Chief Minister Lyndon Farnham said in March that although he was “undecided”, he was “not against decriminalisation” – as long as there was enough evidence to support the move.
Pictured: Health Minister Tom Binet said that decriminalisation "would make a lot of sense". (Rob Currie)
However, not all States Members were in favour, with Deputy Sir Philip Bailhache, a former Attorney General who has also served as a Deputy Bailiff and Bailiff, raising a range of concerns – particularly over the impact the drug could have on mental health.
He said: “The legalisation or decriminalisation of cannabis is not a subject that can be reduced to simple propositions.
"As we know from research and professional advice, there is a risk that cannabis can have a deleterious effect upon mental health.
“We have spent huge efforts as a community to discourage the use of tobacco on the grounds of its impact upon people’s health and it seems to me foolish to leap into talking about the decriminalisation of cannabis without knowing much more than we do about all the implications.”
The debate comes after a recent audit revealed a "significant" difference in medicinal cannabis prescribing levels between Jersey and England – with 6% of the island's working population holding a prescription, compared to just 0.05% in England.
Pictured: Currently, islanders can only legally use cannabis if it is obtained through a medical prescription.
Deputy Coles argued that this situation creates a "two-tiered system" treating recreational and medicinal use differently.
In another amendment to Deputy Coles' original proposition, Deputy Inna Gardiner called for an update to the island’s “archaic” drugs laws, which categorises cannabis oil – often used for medical reasons – at the same level as heroin.
Currently under Jersey’s Misuse of Drugs Law, dried cannabis flower and resin are listed as class B controlled substances.
Pictured: Deputy Inna Gardiner is calling for all cannabis products to be classified as Class B drugs.
However, cannabis extracts containing cannabinols, which are used to treat conditions such as chronic pain and insomnia, are classified as class A drugs unless prescribed by a doctor – the same category as heroin and crack cocaine.
Deputy Inna Gardiner is seeking to remove what she calls the “archaic distinction” in Jersey law between cannabinol and the plant form.
If the move is successful, it would align Jersey’s laws with those of the UK, where all cannabis products are classified as class B.
Islanders can contact the Alcohol and Drugs Service on 445000 for advice and support on cannabis use.
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