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Ghana’s Parliament has successfully amended the Narcotics Control Commission Bill, 2023, granting permission for the cultivation of cannabis for industrial purposes.
This amendment follows a ruling by the Supreme Court in July 2022, which invalidated Section 43 of the bill due to the lack of parliamentary debate prior to its passage into law.
In a 4-3 majority decision, the court deemed the provision a violation of Article 106 (5) (6) of the 1992 Constitution.
The annulled provision originally allowed the Minister, based on the Commission’s recommendation, to grant licenses for the cultivation of cannabis (referred to as “wee” in Ghana) with a THC content not exceeding 0.3% on a dry weight basis.
This was intended for industrial purposes to obtain fiber or seed for medicinal use.
Despite the dismissal of a review application by the Office of the Attorney-General in a 5-4 decision, Parliament proceeded with a proposed amendment to the Narcotic Control Commission Act.
Minister of Interior, Ambrose Dery, clarified that the amendment bill does not aim to legalize the recreational use of cannabis but rather provide a framework for the issuance of special licenses for cannabis production.
On July 12, 2023, the bill, consisting of a single clause, received its third reading, indicating its passage into law. The amended bill also explicitly prohibits license holders from cultivating cannabis for recreational purposes.
The Defence and Interior Committee, responsible for deliberating on the bill, recognized its urgent nature and highlighted the potential benefits Ghana could gain by empowering the Minister of the Interior to regulate the cultivation of cannabis with THC content not exceeding 0.3% on a dry weight basis.
Hemp, classified as industrial hemp, refers to a specific variety of cannabis plants cultivated for various industrial applications. Unlike other forms of cannabis, hemp and its derived products are not subject to international drug controls outlined in the United Nations drug treaties and supplementary protocols. The exemption from international control primarily applies to hemp’s fiber and seed.
Under the 1961 Single Convention on Narcotic Drugs, the cultivation of cannabis for industrial purposes is limited to fiber and seed.
Cannabis indica, another variety of the cannabis plant, has distinct chemical compositions and uses.
Hemp finds application in the production of a wide range of commercial and industrial goods, such as food, ropes, fabrics, paper, plastics, composite materials, building materials, jewelry, cosmetics, and biofuels.
