The Speaker of Parliament, has raised concerns over the decision by the Supreme Court to strike down a clause in the bill that sought to amend the Narcotic Control Commission Act, 2020 (Act 1019) to empower the Minister for Interior, to grant a license for the cultivation of cannabis in Ghana as unconstitutional, saying the decision was inappropriate.
Addressing Members of Parliament (MP), Alban Bagbin, while acknowledging the importance of upholding constitutional principles and protecting citizens’ rights, raised concerns about the potential consequences of this decision.
The Speaker emphasized that it is crucial to strike a balance between personal freedom and public safety when it comes to such matters.
He noted that the Supreme Court decision was inappropriate as it was made without consulting Parliament and urged the court to consult Parliament for proper briefings whenever they are making such decisions.
The bill seeks to amend section 43 of the existing law to empower the Minister for Interior to grant licenses for the cultivation of cannabis for medicinal and industrial purposes.
Section 43, is a provision that criminalized the cultivation and possession of cannabis. However, in a landmark ruling, the Supreme Court, declared this section unconstitutional due to its infringement on individual rights and personal freedom.
A ruling by the Supreme Court struck out the law granting a license to grow cannabis, popularly known as ‘wee’ because there was no debate in Parliament on it before its passage into law, as stipulated in Article 106 (5) (6) of the 1992 Constitution.
The Speaker has referred the Narcotic Control Commission amendment bill to the Defense and Interior Committees for consideration, tasking them to report back to the House in seven days.
The Minister of Interior, Ambrose Dery, in his submission on the amendment of the Narcotic Control Commission Act, contended that the amendment bill does not seek to legalize the recreational use of cannabis, but to provide an avenue for the issuance of special licenses for cannabis production.
The Narcotics Control Commission Act, 2020 (Act 1019), which was passed by Parliament on March 20, 2020, and assented to by the President on May 11, 2020, has enshrined special provisions relating to cannabis.
Section 43 of Act 1019 stated that the Minister of Interior, on the recommendation of the Commission, may grant a license for the cultivation of cannabis which has not more than 0.3 percent Tetrahydrocannabinol, THC, content on a dry weight basis for industrial purposes for obtaining fiber or seed or for medicinal purposes.
Some African countries are already through with their national legislations, engaging in the cultivation and export of cannabis or weed.
