Ghana: Supreme Court affirms decision to strike out law on cannabis cultivation saying “cultivation of cannabis legislation in Ghana was unconstitutionally passed by Parliament”

The Supreme Court has in a majority 5-4 decision affirmed its view that the law allowing cultivation of weed in Ghana was unconstitutionally passed by Parliament.

Presiding Judge Justice Dotse stated that the threshold a party ought to meet to enable it to review its own judgement has not been met.

The court in July 2022 struck out Section 43 of the Narcotics Narcotics Control Commission Act, Act 1019.

This provision stipulated that “the Minister on the recommendation of the Commission, may grant a licence for the cultivation of cannabis popularly referred to as “wee” in Ghana, which is not more than 0.3 % THC content on a dry weight basis for industrial purposes for obtaining fibre or seed for medicinal purposes.”

However, the Apex court in a 4-3 majority decision annulled this provision and declared that it is a violation of Article 106 of the 1992 constitution.

This article reads;

“No bill, other than such a bill as is referred to in paragraph (a) of article 108 of this Constitution, shall be introduced in Parliament unless-

a. it is accompanied by an explanatory memorandum setting out in detail the policy and principles of the bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for its introduction; and

b. it has been published in the Gazette at least fourteen days before the date of its introduction in Parliament.”

https://www.myjoyonline.com/supreme-court-affirms-decision-to-strike-out-law-on-marijuana-cultivation-in-ghana/

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