Joint Liability: A Brief History of the Criminalization of Cannabis, Ganja, Marihuana and Marijuana in the Cayman Islands and Pathways towards Legalization or Decriminalization.

This article examines the legislative developments in the Cayman Islands concerning the movement toward decriminalizing marijuana use and possession, focusing on the distinctions between decriminalization and legalization. It traces the historical evolution of laws regulating "ganja" (defined as parts of the cannabis plant) from strict penalties established under inherited Jamaican laws to more recent reforms allowing medicinal cannabis use and limited expungement of minor marijuana offences under the Criminal Records (Spent Convictions) Act (2018 Revision). The article highlights ambiguities in terminology—such as "ganja," "marijuana," and "cannabis"—and legislative inconsistencies that complicate enforcement and reform efforts. It also discusses the partial or quasi-decriminalization achieved through discretionary expungement of minor offences, contrasting this with automatic expungement models in jurisdictions like Jamaica and Antigua. The paper concludes with recommendations for clearer statutory definitions, regulatory frameworks for medicinal cannabis, and amendments to facilitate automatic expungement, positioning these steps as foundational for potential future full decriminalization in the Cayman Islands.