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Parliament approves Narcotics Control Commission Regulations, 2023

Parliament

By Edzorna Francis Mensah

Parliament has given approval to the Narcotics Control Commission Regulations 2023, an L.I. that seeks to legalise the cultivation and management of cannabis with 0.3 tetrahydrocannabinol (THC) content in Ghana.

The approval gave the Ministry of Interior the responsibility of issuing licences for the cultivation of cannabis, opening up avenues for the utilisation of this versatile plant in various beneficial applications.

This milestone achievement comes after the Supreme Court intervened and declared Section 43 of the law unconstitutional, thereby hindering the smooth passage of the legislation. 

Section 43 of Act 1019 previously authorised the Minister, based on the Commission’s recommendation, to grant licences for the cultivation of cannabis, commonly known as “wee” in Ghana. However, this provision has been eliminated due to its unconstitutional nature.

On July 12, 2023, Parliament took up the Narcotics Control Commission (Amendment) Bill, 2023, which consists of a single clause that, once passed, will empower the Minister to grant licences for cannabis cultivation within the country.

Contributing to the passage of the L.I., the interior Minister, Ambrose Dery, made it clear that this is not a regulation for the cultivation of weed, and the particular type of cannabis the L.I. proscribed has not yet been cultivated in Ghana.

He explained that the ministry is now preparing to bring such type into the country, but the Minority Chief Whip, who doubles as MP for Adaklu, Kwame Agbodza, took a position against the legalisation of the growing of cannabis in Ghana, as he suggested that it would worsen the cases of mental health challenges in the country among the youth if not properly monitored when it comes to the usage.

Mr Agbodza further disagreed with the justification that legalising and growing cannabis would reduce the issue of unemployment and boost Ghana’s economy.

He asked the House that, if gold, cocoa, timber, oil, and the E-levy couldn’t solve Ghana’s economic challenges, how possible could the legalisation of weed perform such magic?

But MP for Bolgatanga East, and Chairman of the subsidiary legislation committee, Dr Dominic Ayine, explained that the public should not get things wrong with the interpretation that Parliament has legalised the growing of weed, but rather, what has been legalised is the THC type, which Ghana does not have but is yet to be brought under the supervision and regulation of the interior ministry.

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