Tuesday, 7 January 2020

Street Vending laws in T&T


Q:
Is Street Vending actually illegal in Trinidad and Tobago?


A:
Yes, Street Vending without a license is illegal under the Summary Offences Act 1921, as amended:

64. (1) Any person who commits any of the following offences in any street is, for each offence, liable to a fine of two hundred dollars or to imprisonment for one month, that is to say, any person who:

(a) exposes for show, hire, or sale (except in a market or market place lawfully appointed for that purpose) any animal [meat]
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(c) offers or exposes for sale any herbage or forage in any public place in any town, other than such place or places as may from time to time be lawfully appointed for that purpose; [vegetables]

(d) exposes for sale any goods whatsoever so that the same project into or over any footway or beyond the line of the house, shop or building in which the same are exposed; [goods]

(e) hangs or places any clothes on any line or cord projecting over any part of any street, or on any wall, fence or paling abutting upon any street; [clothes]

Saturday, 28 December 2019

Consumer rights: no return, no refund

Q: 
What are Trinidad and Tobago laws with respect to refunds?

Why do some stores post "no refund" or state that their policy is "No cash refund"?

Is this legal???



A: 
The clause of no return, no refund is illegal according to Section 20(d)(ii) Sale of Goods Act 1895, as amended –  ‘reasonable’ time to return


Unfair Contract Terms Act 1985
8(1) In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage—
  • (a) arises from the goods proving defective while in consumer use; and
  • (b) results from the negligence of a person concerned in the manufacture or distribution of the goods liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.

Additionally:
Unfair Contract Terms Act 1985:
  • Goods must match the description given to them, and be of satisfactory quality and fit for their purposes. Contract terms which deny consumers the right to full compensation where goods are mis-described or defective are void and unenforceable
  • Terms which seek to pass on the risk of damage or loss before the goods are actually delivered are void and unenforceable
  • Terms disclaiming liability for sale goods or saying that sale goods cannot be returned are void and unenforceable

Friday, 27 December 2019

Top 10 questions on T&T Marijuana Laws


1.      Q: How heavy is 30g of marijuana?
30g is approximately equivalent to three (3) regular alkaline AAA batteries.

2.      Q: If I live at an apartment building/complex, can I smoke there legally - is this considered a public or private place?
Inside of your apartment will be considered private; however, hallways, parking lots, stairwells and lobbies of apartment buildings are all considered public places. Note, however, that landlords can ban the use of marijuana anywhere on the premises.

3.      Q: Can I share my marijuana with my friends or other people?
Absolutely not. Sharing without a license can be considered “distribution” leading to “drug trafficking,” which may result in a fine of 3 million dollars, or life imprisonment for large amounts.

4.      Q: Where can I buy marijuana in Trinidad and Tobago?
In Trinidad and Tobago, it is illegal to sell or purchase marijuana unless the seller has a license and the buyer has a prescription.

5.      Q: What’s the difference between cannabis and cannabis resin?
Cannabis is the combination of dried flowers and leaves of the cannabis plant; whereas cannabis resin is the sticky residue on cannabis plants. Female plants are grown and harvested for their resin, which is rich in THC and therefore considered the most valuable part of the plant.

6.      Q: Is it legal to consume “weed brownies”?
So here’s the technicality… to be charged with the possession of marijuana above the legal limit, the marijuana must be weighed, which becomes IMPOSSIBLE if it is baked or cooked into an edible. Unlike other countries where the possession of edibles is specified, it is not the case in Trinidad & Tobago’s Dangerous Drugs Act.
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With regards to the person selling these items, there is a far-fetched possibility that section 18 of the Offences Against the Person Act can be applied, but the prosecution would be required to prove that a person who sells to a willing buyer did so with the intention to “injure, aggrieve or annoy,” which, in my view, is fully negated by the willing intention of both parties.

7.      Q: Can I smoke inside my vehicle with the windows up?
You can smoke inside your vehicle as long as you are not on a public road, public space or private space legally accessible to the public.

8.      Q: Why does the law only allow the growing of male marijuana plants… what’s the difference with the female plant?
Technically, the male marijuana plants made legal in Trinidad and Tobago do not produce the “ingredients” for cannabis – these are found in the female marijuana plants, which are illegal. Male marijuana plants are mainly useful for making edibles and juices, creating hemp fibre for cloth and of course, breeding the more desirous female plants.

9.      Q: Is Marijuana a gateway drug?
With many things, one can find arguments supporting either side, but there is more research evidence to prove that marijuana is not a gateway drug… and that the real gateway to drugs is actually 100% legal.

10. Q: This is ridiculous… what next - legalization of cocaine and heroin?
Seriously?