Key things to know about the narcotics control commission amendment bill 2023
Parliament on Wednesday, July 12, 2023, passed the Narcotics Control Commission Amendment Bill 2023, bringing significant changes to the cultivation of cannabis for industrial and medicinal purposes.
This development comes after the Supreme Court invalidated provisions within the Narcotic Control Commission Act that permitted the cultivation of specific types of cannabis for medicinal and industrial purposes.
The court contended that these provisions contravened Article 106 of the 1992 Constitution. Despite an appeal filed by the Office of the Attorney-General, the Supreme Court dismissed the review application in a narrow 5-4 decision.
Ghana is just the latest African country to loosen laws surrounding cannabis. Earlier this month, Malawi also legalized marijuana for medical use. Other countries that have made similar moves include Zimbabwe, Zambia, South Africa, and Lesotho.
The Ghana Report brings you key things you need to know about the new Bill.
What is the Narcotics Control Commission Bill?
In 2020, some countries in Africa, through their national legislations, decided to permit the cultivation and export of cannabis for medical and scientific purposes, with some other countries authorizing the use of cannabis for medical purposes.
Having passed the Narcotics Control Commission Act, 2020 (Act 1019), Ghana joined these African countries in exploring the prospects of cannabis.
The Narcotics Control Commission Act, 2020 (Act 1019), was passed by Parliament on March 20, 2020, and assented to by the President on May 11, 2020.
Section 43 of Act 1019 states that, “the Minister, on the recommendation of the Commission, may grant a licence for the cultivation of cannabis which has not more than 0.3% THC (Tetrahydrocannabinol) content on a dry weight basis for industrial purposes for obtaining fibre or seed or for medicinal purposes”.
The passage of Act 1019, which replaced the Narcotics Drugs (Control, Enforcement and Sanctions) Law, 1990 (PNDC Law 236), enhanced the mandate and authority of the Narcotics Control Commission. Under section 55 of the act, the commission was authorised as the central regulatory body in charge of all drug-related issues.
What does the new law say?
The new law comes with a tight cap on the level of THC allowable in the plants.
The new Bill empowers the Interior Minister to grant licenses and regulate the use of certain types of cannabis; those with a THC content not exceeding 0.3% on a dry weight basis, to be used for industrial purposes to obtain fibre or seed for medicinal use.
Who is responsible for granting licenses for the cultivation of cannabis?
Previously, section 43 of Act 1019 authorized the minister, based on the commission’s recommendation, to grant access licences for the cultivation of cannabis.
However, with the passage of the Narcotics Control Commission Amendment Bill 2023, the Ministry of Interior is solely responsible for issuing licenses for cannabis cultivation, facilitating the growth of this industry and opening avenues for further exploration of its potential.
Has ‘wee’ been legalised?
Since the law was passed, there have been a lot of misconceptions in the media and civil society circles that cannabis use has now been legalized.
This is definitely not the case! Drug use, as well as supply, production and trafficking, remain offences under the new Bill; the same as before. The difference in approach is rather on how authorities respond to drug use: fines rather than imprisonment.
The Bill prohibits a person who has been granted a license from cultivating cannabis for recreational use.
What happens to persons apprehended for using cannabis?
One stated purpose of Ghana’s new drug law is to treat drug use and dependence as a public health issue.
The new law has converted the prison term for drug possession for personal use into a fine of between 200-500 penalty units (translating to GHC 2,400 – 6,000).
This does not mean that drug use has been legalised, as portrayed by some media outlets. It means that instead of sending people to prison for up to 10 years for simple possession of drugs for personal use, they will offer alternatives to incarceration.