Jamaica

Death Penalty 100/100

1 Does the country retain the death penalty for drug offences? No

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Jamiaca is not listed as one of the states that retains the death penalty for drug offences in Harm Reduction International's (2021) The Death Penalty for Drug Offences: Global Overview 2020.

2 What is the extent of death penalty application for drug offences in the country? N/A

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Not Applicable

Extra-Judicial Killing 75/100

3 To what extent is the practice of extra-judicial killing prevalent in the course of military and police anti-drug activity? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Militarised Policing 25/100

4 To what extent are military or special security forces are involved in drug operations? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Life Sentencing 100/100

5 Is there provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences? No

source: GDPI Coding Team.

Though the Jamaican Sentencing Guidelines establish the existence of life sentences for certain crimes (Appendix A, p. A2), the Dangerous Drugs Act caps the maximum sentence for drug offences at 35 years.

6 Where there is provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences, what is the nature of such sentences? N/A

source: GDPI Coding Team.

Not Applicable

7 How frequently are formal life sentences imposed for drug use and personal possession offences? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

8 How frequently are formal life sentences imposed for drug supply offences (production, dealing, or trafficking)?  N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Non-consensual confinement 75/100

9 To what extent is there a practice of non-consensual confinement in compulsory drug treatment centres? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Human Rights Violations 50/100

1 How often are suspects in drug cases subject to violence or torture by the police? Frequently

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

2 To what extent does arbitrary arrest and detention for drug offences exist? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

3 What is the country's score on the World Bank Fair Trial Indicator? Moderately Restricted

source: World Bank Data Repository: https://tcdata360.worldbank.org/indicators/hd45eb4d6?country=BRA&indicator=41895&viz=line_chart&years=1975,2019

The courts are generally independent of the government, but the justice system is characterized by moderate degrees of corruption or inefficiency.

Equity of Impact of Criminal Justice Response 33/100

4 To what extent does enforcement of drug policy disproportionately impact certain ethnic groups?  To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does enforcement of drug policy disproportionately impact women?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

6 To what extent does enforcement of drug policy disproportionately impact low-income groups? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Mandatory minumum sentencing and pre-trial detention 100/100

7 Do the state’s drug laws or legal frameworks include mandatory minimum sentences for any drug offences? No

source: GDPI Coding Team.

Dangerous Drugs Act. All prison sentences are given as ‘not exceeding’. They are maximum sentences. Example for importing drugs in section 8A.

8 For states whose drug laws or legal frameworks include mandatory minimum sentences for any drug offences, does this relate to first offences or multiple offences? N/A

source: GDPI Coding Team.

Not Applicable

9 Do the state’s laws include mandatory pre-trial detention for drug offences? No

source: GDPI Coding Team.

Constabulary Force Act 1935, Section 50F. Anyone arrested must be taken to a ‘Justice of the Peace’ within 12 hours who will determine whether there is reasonable grounds for arrest/detention. If there is, the person shall be detained for no more than 24 hours before being take before a magistrate.

Alternatives to arrest/prosecution/conviction/punishment 85/100

10 Is there any provision in state criminal justice policy for alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences? Yes

source: GDPI Coding Team.

MOJ Fact sheet for 2015 Amendment. Section 7. Police can hand out fines for possession of 2 ounces or less in lieu of formal prosecution.

11 Do alternatives exist at the point of initial contact with law enforcement (i.e., the police or other law enforcement officers) – before arrest and/or prosecution? Yes

source: GDPI Coding Team.

MOJ Fact sheet for 2015 Amendment. Section 7. Police can hand out fines for possession of 2 ounces or less. Person has to pay J$500 in next 30 days.

12 Do alternatives exist after the point of arrest, but before conviction or formal criminal court proceedings? Yes

source: GDPI Coding Team.

The Drug Court Act allows for the diversion of those deemed to be addicted to narcotic substances to specialist drug courts in lieu of standard prosecution.

13 Where individuals are convicted with a final sentence (courts), are there alternatives to incarceration for drug offences? Yes

source: GDPI Coding Team.

The Drug Court Act allows for enforced treatment in lieu of jail time.

14 Do alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements?  Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

15 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, is relapse / non-attendance / treatment “failure” associated with subsequent imprisonment or punishment? Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

16 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, are a range of treatment options and modalities made available to people based on their clinically assessed need or preferences? Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

Extent of imprisonment of individuals involved in non-violent drug-related offences 50/100

17 To what extent does the pursuit of state drug policy result in the imprisonment of non-violent offenders? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Decriminalisation Policy 76/100

18 Is there a provision in national legislation or in official national policy documents for the decriminalisation of drug use and the possession of drugs for personal use?  Yes

source: GDPI Coding Team.

Jamaica’s model of decriminalisation is codified in the country’s laws through statutory reforms, and was introduced in 2015, with Dangerous Drugs (Amendment) Act.

19 What % of the population live in a state/territory with decriminalisation provisions? 100%

source: GDPI Coding Team.

This law applies nationwide.

20 For states or sub-national units with decriminalisation, what substances are decriminalised? Cannabis Only

source: GDPI Coding Team.

Dangerous Drugs Act 2015 Amendment, Section 7C.

21 Where there are administrative (non-criminal) sanctions for drug use and possession for personal use, what is the severity of these sanctions? Moderate

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

22 To what extent has decriminalisation in this state been effective in diverting people who use drugs away from the criminal justice system? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Extent to which State Policy Prioritises Harm Reduction for People Who Use Drugs 27/100

1 Is there an explicit supportive reference to harm reduction in national policy documents? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2043

2 Are people who use drugs included in the HIV national strategic plan? Yes

source: GDPI Coding Team.

National Integrated Strategic Plan for SRH and HIV 2014-19. Page 52

3 In states where people who use drugs are included in the HIV national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

National Integrated Strategic Plan for SRH and HIV 2014-19. Page 99, under harm reduction. PWID listed as key population who need to be targeted for services such as NSP.

4 Are people who use drugs included in the Hepatitis-C national strategic plan? Coding Team Unable to Find Plan

source: GDPI Coding Team.

No plan found. There is a few mentions of hep B in non-communicalble diseases plan. The HIV plan only mentions Hepatitis twice. Need to check with expert.

5 In states where people who use drugs are included in the Hepatitis-C national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? N/A

source: GDPI Coding Team.

Not Applicable.

6 Are people who use drugs included in the Tuberculosis national strategic plan? N/A

source: GDPI Coding Team.

No TB strategic plan could be found.

7 In states where people who use drugs are included in the Tuberculosis national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? N/A

source: GDPI Coding Team.

Not Applicable.

Harm Reduction Funding 0

8 How Adequate Are Levels of Harm Reduction Funding Relative to Estimated Need? Very low

source: Harm Reduction International GDPI team

Estimated by Harm Reduction International at under 10% of harm reduction resource needs met (see project methodology for details)

9 Which of the following best describes the sustainability of harm reduction funding in the state over the next 3-5 years? Severe reductions anticipated

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Harm Reduction Intervention Availability and Coverage 2/100

10 Is at least one needle and syringe programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2043

11 Which of the following best describes the availability of needle and syringe programmes for people who inject drugs? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

12 Is at least one opioid agonist therapy programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2043

13 Which of the following best describes the availability of opioid agonist therapy programmes for people who use opioid drugs? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

14 Is peer distribution of naloxone available in this state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2043

15 Which of the following best describes the availability of naloxone for people who use opioid drugs? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

16 Is at least one in-prison needle and syringe programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2043

17 Which of the following best describes the availability of needle and syringe programmes to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

18 Is at least one in-prison opioid agonist therapy programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2043

19 Which of the following best describes the availability of opioid agonist therapy to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

20 Is at least one drug consumption room operational in ths state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2043

21 Which of the following best describes the availability of drug checking services to people who use drugs? Very Limited Availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to Harm Reduction Services 58/100

22 To what extent are there disparities in access to harm reduction services due to individuals’ ethnicity? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

23 To what extent are there disparities in access to harm reduction services for women, including during pregnancy? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

24 To what extent are there disparities in access to harm reduction services due to individuals’ sexual orientation and/or gender identity?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Policy prioritisation of availability and accessibility of controlled medicines for the relief of pain and suffering 51/100

1 Is there an explicit provision in national legislation (or in official national policy documents and regulatory instruments) that establishes the government’s obligation to make adequate provision to ensure the availability of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

JT: The Vital, Essential, and Necessary (VEN) drugs list is populated by several initiatives launched by the Jamaican government to ensure access to controlled medicines. These include the Drugs for the Elderly initiative, along with the Public-Private Sector Pharmacy Programme.

2 Is there an approved national medicines policy plan that recognises the importance of the availability and accessibility of controlled medicines for the relief of pain and suffering? No

source: GDPI Coding Team.

Jamaica does not have a national drug plan or strategy (see: OAS report).

3 To what extent does the policy-making process relating to controlled medicines meaningfully include stakeholders such as medical boards, health professionals (including pharmacists), patients, and representatives of patients?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

De facto availability and accessibility of controlled medicines for the relief of pain and suffering 25/100

4 What range of narcotic drug consumption does the state fall into? Low Access

source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

Source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

5 To what extent are there geographic disparities in access to controlled drugs for the treatment of pain? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to controlled medicines for the relief of pain and suffering 37/100

6 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ gender? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

7 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ socio-economic status? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ ethnicity? Not at all

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

9 To what extent are there disparities in access to opioid analgesics for the treatment of pain for people who use drugs? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Filter Question for 'Development' Dimension N/A

1 Does the country include ‘alternative development’ or ‘sustainable development’ programmes to provide alternatives to the cultivation of crops used for illegal drug production? Yes

source: GDPI Coding Team.

Alternative development focuses on cannabis growers within Jamaica. It is enshrined within the alternative development programme headed by the Cannabis Licensing Authority.

Alternative Development Policy Design 29/100

2 Are Alternative Development policies and programmes embedded within a broader development programme? No

source: GDPI Coding Team.

Alternative development approaches to narcotic crop production are not included within Jamaica's national development plan through 2030. Moreover, AD within Jamaica solely focuses on transitioning cannabis growers from the black market to legality. As such, at its core, it is not embedded within broader developmental plans.

3 To what extent are local communities, participants, and (where applicable) indigenous and minority groups meaningfully included in the design, implementation, monitoring, and evaluation of alternative development policies and programmes? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

4 To what extent is the protection of the environment prioritised in alternative development policy and programmes?   To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does alternative development operate within a framework of militarized/security sector operations as part of security policy? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Management of Crop Eradication 72/100

6 Does alternative development policy include provisions for forced crop eradication? No

source: GDPI Coding Team.

There are no references to forced crop eradication within the documentation on Jamaican alternative development.

7 Where provision is made for forced crop eradication, does policy also make provision for aerial spraying in forced crop eradication? No

source: GDPI Coding Team.

There are no references to forced crop eradication within the documentation on Jamaican alternative development.

8 To what extent are alternative development programmes sequenced to ensure that targeted households have adopted viable and sustainable livelihoods in advance of any crop eradication efforts? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Efficacy of alternative development policy for key beneficiaries 23/100

9 To what extent do alternative development policies and programmes facilitate the empowerment of women? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

10 To what extent do alternative development policies and programmes benefit young people? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

11 To what extent do alternative development policies and programmes implement a successful ‘pro-poor’ strategy? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.