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States Greffe
Deputy Philip Ozouf
Minister for External Relations
Cc
Deputy Ian Gorst
Assistant Minister for External Relations
Deputy Elaine Millar
Assistant Chief Minister with responsibility for Financial Services Deputy Kirsten Morel
Minister for Economic Development, Tourism, Sport and Culture
BY EMAIL
25th October 2023
Dear Minister,
Proceeds of Crime Law and International Cultivation of Cannabis
The Panel is writing to you following correspondence with a member of the public who has highlighted a number of matters concerning the cultivation of cannabis internationally, and its potential impacts upon Jersey’s international treaty obligations. We would be grateful if clarity can be provided in order to aid us in our consideration of the matter.
The Panel has previously highlighted to the Minster for Economic Development, Tourism, Sport and Culture potential inconsistency of Jersey’s approach with Article 3 of the 1988 United Nation convention against illicit traffic in narcotic drugs and psychotropic substances (the Convention), extended to Jersey in 1997.
Briefly the purpose of the Convention is to promote co-operation among the Parties so that they may address more effectively the various aspects of illicit traffic in narcotic drugs and psychotropic substances. Article 3.1.a.v prohibits the "organization, management or financing of any of the offences” outlined in previous parts of that paragraph. This including the cultivation of opium poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs. The Panel understands that there are certain exemptions for the production and supply of medicinal substances.
However, it has been highlighted to the Panel that Canada, which is a jurisdiction included within the Proceeds of Crime (Cannabis Exemption – List of Jurisdictions) (Jersey) Order 2021, has legalised recreational use of Cannabis in potential contradiction of the Convention.
Given the Island’s reputation as an international finance centre, the Panel would be grateful if you can outline the Government of Jersey’s position on the international financing of the manufacture and supply of recreational cannabis, noting the potential conflict between the Convention and the Island’s legislation regarding proceeds of crime.
We would be grateful if you could respond to this no later than Wednesday 1st November 2023 in line with the 5 working days approved for responses between Scrutiny Panels and Ministers.
If you have any questions regarding this or our work in general, please do not hesitate to contact me. Please note that unless otherwise stated, all letters will be uploaded to the Scrutiny website as a matter of course.
Yours sincerely,
Deputy Moz Scott
Chair
Economic and International Affairs Scrutiny Panel