GREAT BAY--Member of Parliament Omar Ottley on Thursday reminded Parliament that he was the minister who signed the government agreement with Native Nations concerning the development of St. Maarten’s cannabis regulatory framework, telling Parliament that he has nothing to hide about the agreement and stressing that the contract contains provisions allowing government to terminate it without financial obligation.
Ottley made the remarks shortly before Parliament voted on a motion from MP Ludmila DeWeever seeking information from government concerning the cannabis process and related documentation.
During his remarks, Ottley appeared to read directly from a copy of the contract displayed on his mobile phone as he addressed questions surrounding the agreement, its confidentiality provisions and government’s ability to terminate it.
“There is no secret. I was the one that signed the contract,” Ottley told Parliament, adding that he continues to support the regulation of cannabis in St. Maarten.
Ottley acknowledged that the agreement contains what he described as a secrecy/privacy clause. He then referred specifically to the contract’s termination provision, saying the Government of St. Maarten has the right to terminate the agreement before its expiration and emphasizing that such termination carries no financial obligation.
“This is the contract that I signed,” Ottley said, making clear that he was personally taking responsibility for the agreement rather than distancing himself from a decision made while he served in government.
As part of his explanation of the background to the agreement, Ottley said the original request was for a 30-year term. He told Parliament that he took the matter to the Council of Ministers because he did not believe St. Maarten should be tied to such a lengthy period and sought a substantial reduction.
According to Ottley, the top three companies who submitted proposals were approached about accepting a shorter term, with one company, Native Nation, responding that it was willing to do so despite the level of investment involved. He also stressed that any future cannabis legislation must still come before Parliament and argued that the agreement does not take away Parliament’s ultimate legislative authority.
Ottley said that regardless of agreements made during the preparatory process, Parliament retains the power to accept, reject or amend legislation when it eventually reaches the floor. His comments came during discussion of a motion tabled by MP Ludmila DeWeever, who was seeking additional information from government related to the cannabis initiative.
Minister of Tourism, Economic Affairs, Transport and Telecommunication, TEATT, Grisha Heyliger-Marten asked DeWeever to withdraw the motion while government completed a legal review of the relevant documents.
Heyliger-Marten indicated that legal advice was being sought to determine what information government could provide without placing the country in breach of contractual confidentiality or other legal obligations.
The minister committed to returning to Parliament and briefing members in a closed-door setting once that review is completed and government is in a position to present the information.
Ottley cited that commitment as an important factor in his position on DeWeever’s motion. He said he generally supports government providing information to Parliament, but noted that the minister had already offered to return for a closed-door briefing once the legal questions surrounding disclosure are resolved.
DeWeever declined to withdraw her motion.
The motion was subsequently rejected by Parliament, with some MPs taking the position that a parliamentary motion was not the appropriate mechanism for obtaining the information while the minister had already committed to providing Parliament with a confidential briefing once the legal review is completed.
Ottley’s remarks also provided additional political context to an issue that has generated considerable debate since the cannabis regulation process began. The process dates back to September 12, 2022, when a request for proposals was announced for the development of cannabis-related legislation and a regulatory framework in St. Maarten.
Native Nations submitted its proposal on December 5, 2022. The organization subsequently advanced through the selection process and was among the top five candidates by April 18, 2023.
A final-round presentation was held on May 8, 2023, and Native Nations was eventually selected as the preferred proposal on November 2, 2023. Government formally granted Native Nations a mandate on April 10, 2024, to assist with the development of the legal framework for cannabis regulation in St. Maarten.
The process subsequently moved into an intergovernmental phase, with a workgroup beginning weekly meetings on July 9, 2024, as government continued preparations for a structured legal and regulatory framework.
Ottley reminded Parliament that cannabis was already a contentious political subject during the handling of the 2024 budget and said questions were raised at that time about precisely what government had agreed to.
He said he showed members of Parliament information concerning the agreement at the time and maintained during Thursday’s meeting that there was nothing about his role in signing it that he was attempting to conceal.
Beyond defending the process, Ottley reiterated his support for regulating cannabis, arguing that the substance is already present in St. Maarten and that the country should move toward a controlled legal framework.
For Ottley, the key point remains that the preparatory agreement with Native Nations does not replace Parliament’s authority. Any legislation required to establish a regulated cannabis industry must ultimately come before Parliament, where MPs will have the power to determine whether the proposed legal framework becomes law.
