The statute allowing licences to be given for the production of cannabis, or "wee," in tiny quantities for industrial and therapeutic uses has been ruled unlawful by the Supreme Court.
According to Section 43 of Act 1019 of the Narcotics Commission Act, "the Minister may grant a licence for the cultivation of cannabis, commonly known as "wee" in Ghana, which has a THC content of not more than 0.3 percent on a dry weight basis for industrial purposes of obtaining fibre or seed for medicinal purposes."
However, on July 28, the Apex court, by a vote of 4-3, determined that Section 43 of Act 1019 was invalid and that it violated Article 106 of the 1992 Constitution.
The plaintiff's claim is successful. Thus, the court determined that Section 43 of the Narcotics Control Commission Act, 2020 (Act 1019) was unconstitutional because it "violates the language and spirit of the Constitution of 1992, specifically Article 106 (2) (a) (b), (5) and (6) thereof."
The steps and procedures a bill may go through before being enacted into law are outlined in Article 106 of the 1992 Constitution. The Supreme Court stated that its verdict would be submitted at the Court's Registry by August 11 despite not giving all of its justifications.
Justices Jones Dotse, Clemence Jackson Honyenuga, Henrietta Mensa-Bonsu, and Emmanuel Yonny Kulendi cast votes in favour of the majority ruling, whereas Justices Nene Amegatcher, Issifu Omoro Tanko Amadu and Prof. Nii Ashie Kotey had different opinions.
One Ezuame Mannan filed the lawsuit against the Attorney General before the Apex Court.
marijuana growing in Ghana
Ghana enacted the Narcotics Control Commission Act, 2020 (Act 1019) in March 2020 to join other African nations in cannabis growing and potential export.
On May 11, 2020, the President signed the Narcotics Control Commission Act, 2020 (Act 1019), which included a specific clause pertaining to cannabis production in the nation. Some African nations have already legalised the growing and export of marijuana or cannabis under their own national laws.
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The statute allowing licences to be given for the production of cannabis, or "wee," in tiny quantities for industrial and therapeutic uses has been ruled unlawful by the Supreme Court.
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