Is Marijuana Legal in Saint Kitts and Nevis?

St. Kitts and Nevis recently joined the ranks of several Caribbean countries with progressive marijuana laws. In February 2019, the National Cannabis Commission announced that the local cabinet had approved legislation legalizing medicinal cannabis in the country. The law also decriminalized personal cannabis use for adults over 18.

Recreational cannabis and cannabis resin remain illegal markets in St. Kitts & Nevis, but the government now issues fines rather than prison sentences for marijuana use outside the approved parameters.

Medical Marijuana Laws in Saint Kitts and Nevis

St. Kitts and Nevis legalized marijuana use for medical purposes in 2019, allowing those with conditions such as chronic infections, multiple sclerosis, AIDS, and severe cases of arthritis, access via a permit from a licensed doctor.

St. Kitts and Nevis has achieved several regulatory milestones since:

February 2019: Prime Minister Timothy Harris announced that his cabinet accepted the unanimous recommendations from the national marijuana commission and would introduce legislation known as the Cannabis Bill 2019. The new law would accomplish the following:

• Create a strictly regulated program for the use of cannabis and its derivatives for medicinal and scientific purposes.
• Decriminalize recreational use for persons over 18 and remove the criminal record for previous sentences.
• Allow individuals to possess up to 15 grams of cannabis and grow fewer than five plants.
• Establish a Medicinal Cannabis Authority to regulate cannabis cultivation, manufacturing, and importation.

However, the new law would not allow “commercial or financial” transactions for cannabis.

May 2019: High Court Judge Eddy Ventose ruled that those in the Rastafarian community and other adults over 18 could use, possess, and cultivate cannabis in private in St. Kitts and Nevis for religious purposes. The ruling found that parts of the Drugs Act of 1986 regarding marijuana possession and cultivation infringed on the constitutional right to freedom of religion and privacy. The updated law focused on:

• Cannabis use, possession, and cultivation by adults for use in the Rastafari religion
• Cannabis use, possession, and cultivation by adults in private for personal consumption in their homes

The legislation did address the issue of trafficking in cannabis, illegal drugs, or other illegal activities.

July 2019: The National Assembly officially passed the cannabis bill, decriminalizing up to 15 grams of cannabis and eliminating criminal charges.

• The punishment for possessing more than 15 grams of cannabis is a $50 fine.
• The punishment for public use is a $1,000 fine.
• Unpaid fines would result in community service.

February 2020: The National Assembly raised the personal possession limit to 56 grams.

April 2023: The Government of Saint Kitts and Nevis fully activated the Cannabis Act on 4/20, the internationally recognized day of cannabis celebration. Until then, the government only enacted  Parts I and II of the Act, which merely established the scope and regulatory framework. On 4/20, the government approved Parts III and IV, granting the Minister of Agriculture authority to establish the policies aimed at launching the medical cannabis industry, such as licensing.

June 2023: All members of Saint Kitts Parliament unanimously approved new legislation called the Smoking (Designated Areas) Bill, which designates specific public places where smoking is allowed. The bill also prohibits smoking outside of these designated public areas while dealing with incidental matters. Before this, Smoking cannabis in public was punishable by a fine of up to $1,000 or 40 hours of community service.

The government has made significant regulatory strides to expand cannabis access since 2019, and a thriving medical market will soon operate in this dual-island nation. There is no indication that cannabidiol (CBD) is legal in Saint Kitts and Nevis, suggesting that hemp-derived CBD is also illegal and considered a Schedule II substance. However, medical legalization and decriminalization of cannabis suggests that CBD is legally available for medical patients.

What to Know About About Medical Cannabis in Saint Kitts and Nevis

The St. Kitts-Nevis government launched a public education campaign dubbed #CannabisClaritySKN to educate the general public about the dos and don’ts concerning cannabis cultivation, use, and possession in St. Kitts -Nevis. Available at www.cannabisclarityskn.com, the campaign contains detailed information about the new cannabis-related laws and publishes various pieces of legislation, including:

• The Rastafari Rights Recognition Act
• The Freedom of Conscience (Cannabis) Act
• The Drugs (Amendment) Act
• The Smoking (Designated Areas) Act

Prescriptions in Saint Kitts and Nevis

Once the industry launches, patients can obtain, possess, store, and use marijuana if a medical doctor prescribes medicinal cannabis and issues an identification card and medical certificate.

Doctors can grant medical certificates and identifications cards to patients meeting the following qualifications:

• The patient is under the care of a medical doctor to treat a qualifying medical condition.
• A medical doctor determines that the patient suffers from a qualifying medical condition.
• The patient may receive therapeutic or palliative care from medicinal cannabis.
• The potential benefits of using medicinal cannabis would likely outweigh the health risks to the patient.

A prescription issued cannot exceed a 30-day supply of individual doses, after which the medical doctor must examine the patient again before issuing any further prescription for medicinal cannabis. Only an authorized pharmacy and pharmacist may dispense medicinal cannabis to a patient or a caregiver, where applicable. A patient may designate a person as a caregiver to assist them in obtaining and administering medicinal cannabis.

Medical Cannabis Licences

Supplying medical cannabis requires a license issued by the Medicinal Cannabis Authority via the Ministry of Ecclesiastical and Faith-Based Affairs, Princes Street, Basseterre, St Kitts.

• The fee for the license is EC$100 per year. (Persons who apply before December 22, 2023, pay no fee.)
• Only clinics offering medicinal marijuana can receive licenses.

The government can issue the following types of licenses relating to medicinal cannabis only:

• Cultivation, allowing for the growing, harvesting, drying, trimming, curing or packaging of medicinal cannabis.
• Transportation
• Manufacturing
• Dispensing
• Sale
• Use of medicinal cannabis at a registered place of worship
• Research and development
• Importing and exporting

Cannabis Penalties in Saint Kitts and Nevis

People who do not hold a license issued under the Freedom of Conscience (Cannabis) Act can receive a ticket for violations in fines in the following amounts:

• EC$50: Cultivating up to five cannabis plants in a secured area within their private premises
• EC$50: Possessing up to 56 grams (2 oz) of cannabis in certain public places
• EC$50: Possessing up to 15 grams (0.5 oz) of cannabis resin in certain public places
• EC$500: Smoking or vaping cannabis or cannabis resin outside areas designated for smoking under the Smoking (Designated Areas) Act

Can You Grow Cannabis in Saint Kitts and Nevis?

Cannabis cultivation is legal in St. Kitts with a permit from the local drug council. According to the law:

• Persons may apply for a license that will allow them to cultivate the plant in their private dwelling.

• Adult members of a Rastafari Group holding a registration certificate issued under the Rastafari Rights Recognition Act, 2023 can grow, harvest, dry, trim, cure, possess, and smoke cannabis as a sacrament for upliftment or improvement at a registered place of assembly.

• Cannabis cultivation is only allowed in a secured area within a private residence to prevent minors or persons vulnerable to substance abuse from accessing such plants or any other unauthorized access.

The Bottom Line

Cannabis is no longer a criminal offense in St. Kitts and Nevis, and the country allows marijuana for medical use. Adults over 18 can smoke in private homes, and the Rastafari Rights Recognition Act gives members the right to smoke in places of worship. The recent Smoking (Designated Areas) Act also permits smoking in specific public places. With marijuana decriminalization, the country joins others in the Caribbean community that have altered their cannabis laws.