Antigua’s smokers under fire

Antigua and Barbuda’s strict anti-smoking laws are causing so much concern amongst locals and international visitors alike that the government is reviewing its policy to clarify some points.

Cabinet ministers have agreed to bring amendments to Parliament to clarify the country’s public smoking law and restore a ticketing mechanism for violations, after a recently policy of arrest-only enforcement drew widespread public concern and international attention.

Maurice Merchant, Director General for Communications in the Prime Minister’s Office, said that varying interpretations of the law has created confusion.

“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, confirming the prohibition applied to cannabis, tobacco, vaping and any other substance.

Wade indicated that heightened enforcement would begin immediately, with offenders brought before the courts upon arrest. The crackdown followed the passage of the Misuse of Drugs (Amendment) Act, 2024, which was tabled as part of a broader anti-crime and violence legislative package.

The act increased penalties for drug possession and removed the option of violation tickets that had been available to officers since the 2017 amendments. Without that option, police were left with no middle ground between ignoring violations and making arrests. He added that the aim is common sense application of the rules rather than rigid enforcement that prevented citizens from going about their daily lives.

Merchant acknowledged the current approach was disproportionate for many offenders. “If you go out in public and you just happen to want to smoke (cigarettes) for some reason and then to be hauled before the courts, that’s a bit much,” he said, adding that the perception was police would only arrest those smoking illegal substances.

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 under current law carry a maximum fine of EC$2,000 (KY$600) upon conviction.

The Ministry of Health has separately introduced broader tobacco control regulations with fines of up to EC$5,000 (KY$1,500), which took effect this year.