Ghana's Supreme Court Declares Hemp Cultivation Law Unconstitutional
Ghana's Supreme Court has ruled the 2020 hemp cultivation law unconstitutional, raising questions about the future of cannabis regulation in the country
Key Points
- 1Ghana's Supreme Court ruled the hemp cultivation law unconstitutional
- 2The law allowed cannabis with THC under 0.3% for industrial use
- 3Attorney General seeks a review, citing lack of parliamentary debate
- 4The decision impacts Ghana's potential cannabis industry growth
- 5Future court decisions could influence cannabis policy in Africa
In a landmark decision, Ghana's Supreme Court has ruled that the law permitting the cultivation of hemp, passed in 2020, is unconstitutional. The court's decision was narrowly reached with a 5-4 majority, highlighting the contentious nature of the legislation. This ruling underscores the ongoing debate over cannabis regulation in Ghana, a country where the cultivation and use of cannabis have been contentious issues for years
The specific law in question, Article 43 of the Narcotics Control Commission Act 1019, allowed the Minister to license the cultivation of cannabis with THC levels not exceeding 0.3% for industrial and medicinal purposes. However, in July 2022, a Ghanaian court nullified this provision, citing procedural flaws in its passage through Parliament. The Supreme Court's recent decision upholds this earlier ruling, emphasizing constitutional adherence in legislative processes
Justice Jones Victor Dotse led the panel of nine judges that determined the outcome. The majority of judges concluded that the Attorney General had not met the necessary criteria to warrant a review of the initial ruling. Despite this setback, the Attorney General has filed a request for reconsideration, arguing that the legislative process lacked transparency and failed to include a parliamentary debate, as mandated by the constitution
The implications of this decision are significant for Ghana's burgeoning cannabis industry, which had anticipated growth following the law's passage. The ruling has halted potential industrial and medicinal cannabis projects, impacting stakeholders who had invested in the sector. This decision also reflects broader regulatory challenges faced by countries attempting to navigate the complex landscape of cannabis legalization
Looking ahead, the Supreme Court's response to the Attorney General's request for a review will be pivotal. If the court decides to reconsider its decision, it could reignite discussions around cannabis regulation in Ghana. Meanwhile, the international community and local advocates are watching closely, as the outcome could influence cannabis policy in other African nations exploring similar legislative paths