Cabinet has agreed to bring amendments to Parliament to clarify the country's public smoking law and reinstate a ticketing mechanism for violations, following an arrest-only enforcement policy that drew public concern and international attention.
Maurice Merchant, Director General for Communications in the Prime Minister's Office, disclosed the development on Thursday, noting that conflicting interpretations of the law had created confusion among law enforcement officers and members of the public.
"Cabinet believes that it is required to go back to Parliament to make the law very clear, in particular, for officers to interpret and not for the court system to be bogged down with small matters of smoking in public places," Merchant said.
The cabinet's intervention follows a significant tightening of enforcement in recent weeks. On March 11, Deputy Commissioner of Police Albert Wade issued a public warning that anyone caught smoking in a public place would face immediate arrest and prosecution. He confirmed the prohibition applied to cannabis, tobacco, and any other substance, with heightened enforcement beginning immediately.
That crackdown followed the passage of the Misuse of Drugs (Amendment) Act, 2024, tabled as part of a broader anti-crime and violence legislative package. Among its provisions, the act increased penalties for drug possession and removed the ticketing option that had been available to officers since 2017 amendments to the same legislation. With that option eliminated, police were left with no middle ground between ignoring violations and making arrests.
Merchant acknowledged the current approach was disproportionate for many offenders. "If you go out in public and you just happen to want to smoke for some reason and then to be hauled before the courts, that's a bit much," he said.
Among the measures under consideration is a ticketing system modelled after the existing traffic infringement framework. Merchant said the goal was the common sense application of the rules, rather than rigid enforcement that disrupted citizens going about their daily lives.
The issue was brought into sharper focus following the arrest of 34-year-old Jamie Darroux of Herberts on March 23, who became one of the first persons charged and convicted under the crackdown. Narcotics Department officers on mobile patrol spotted Darroux smoking cannabis while sitting under a tamarind tree in the Potters area, near the Registration Unit — reportedly while engaged in a conversation about the very law under which he was detained. Darroux pleaded guilty on Tuesday.
Merchant also noted that confusion over the law's scope had led some members of the public to mistakenly believe the prohibition applied only to cannabis. In fact, cigarette smokers have been equally subject to arrest under existing legislation.
Under the 2018 Tobacco Control Act, smoking is prohibited across all indoor public places, workplaces, and public transport, and extends outdoors to parks, playgrounds, and the surrounding areas of childcare, educational, and healthcare facilities. Violations carry a maximum fine of EC$2,000 upon conviction.
The Ministry of Health separately introduced broader tobacco control regulations, with fines of up to EC$5,000, which took effect this year.
