Cannabis laws in Ghana have historically been strict, with penalties for possession and use. Despite this, cannabis use is widespread, and the country grapples with issues of drug trafficking and illegal cultivation.
Ghana's government has been reviewing its cannabis laws, proposing new bills aimed at decriminalizing drug use and regulating the cultivation of industrial hemp. This article explores the complexities of cannabis legalization in Ghana, examining the country's current laws, the push for reform, and the potential economic benefits of a regulated cannabis industry.
Current Cannabis Laws in Ghana
Ghana’s law forbids the sale, import, export, or supply of cannabis. For supplying it (with no money exchanging hands), the offender can be sentenced to a minimum of five years in prison. For producing, manufacturing, importing, exporting or distributing drugs, the sentence is increased to “not less than 10 years”.
Even using cannabis can result in a prison term of up to five years. However, class C drugs like cannabis tend to get shorter prison sentences of up to five years, with the longer terms being reserved for ‘harder’ drugs like cocaine or heroin.
Cultivating cannabis in Ghana is also a criminal offense. Cannabis seeds are not differentiated from other parts of the plant, and are therefore illegal to use, purchase or sell. Consuming cannabis is illegal in Ghana - unless you have approval from the Ministry of Health. While medicinal cannabis can be obtained in the country, realistically it’s not that easy to do so.
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Cannabis Use and Trafficking in Ghana
Despite the strict laws, cannabis use is commonplace in Ghana; so much so that Ghana is one of the biggest cannabis-smoking nations in the world. As one of the world’s largest consumers of cannabis, it’s estimated that 21.5% of Ghana’s population (aged between 15 and 64) regularly use the drug. Cannabis consumption has increased to the point where the authorities view it as a serious issue.
The most recent International Narcotics Control Strategy Report found that the country is on a major transit route, and that drugs regularly pass through it to Europe and North America. Accra International Airport is Ghana’s trafficking hub, with much of the illegal drugs arriving and leaving the country by aeroplane. Cannabis seizures are relatively common. In 2012, Border Agency officials at Heathrow Airport in the UK seized the largest ever haul of cannabis arriving from Ghana - 1.5 tonnes in total. This had a total value of £4.3 million.
It’s mostly grown in the Sefwi and Aowin regions of western Ghana, and the Brong Ahafo and Ashanti regions in the south-west. The climate, which is hot and humid, is ideal for cultivating the plants. As the plantations are illegal, farmers tend to intercrop the plants with other legal crops, such as okra or cassava. NOCAB estimates that, since the 1980s, around half of the cannabis grown in Ghana is exported to other countries.
The Push for Legalization
Ghana’s Rastafarian population are among the most outspoken advocates for the legalisation of cannabis. Pro-cannabis supporters have been outspoken in their desire to see the law changed. In 2019, the Rastafarian Council of Ghana were set to hold a march, calling for the decriminalisation of cannabis. Dennis Afram, a leading member of the council, commented: “The plant has a lot of uses, both industrial and medicinal."
Likewise, John Dumelo (a famous actor in the country) spoke out in support of legalising cannabis. On a popular cooking show, he commented: “When you go to some of the western countries, it has been legalised for health purposes and we can do the same."
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Perhaps as a result of this growing pressure, the government of Ghana proposed a new bill in 2017, called the Narcotics Control Commission Bill. This aims to decriminalise drug use in the country. Ghana’s government has entered into talks about decriminalising cannabis use in the future. This may lead to other amendments to the law - for example, the introduction of a hemp law, or improvements to the medicinal cannabis laws.
What is the future of cannabis laws?
Legislative Developments and Challenges
In 2020, the Parliament of Ghana legalized low-THC cannabis for industrial and medicinal purposes. Act 1019 - the Narcotics Control Commission Bill was passed. Given that so many other nations worldwide are cashing in on the ‘green rush’, this may be something that Ghana’s government reviews in the future.
In mid-July 2023, the parliament of Ghana approved a bill, the Narcotics Control Commission (Amendment) Bill 2023, to amend previous cannabis legalization in Ghana under certain conditions. With passage of this new amendment to the bill, the Minister of Interior is now authorized to distribute licenses to cultivate cannabis for possible medical and industrial purposes, with a THC limit of .3%. Cultivating cannabis for recreational purposes, even with a license, is still illegal.
However, in July 2022, the Supreme Court of Ghana ruled in a 4-3 majority decision that the inclusion of Section 43 in the Act was unconstitutional, citing procedural flaws in its passage. Following a review application by the Attorney General, the Supreme Court reaffirmed its decision in May 2023, maintaining that the legislative process leading to the law's approval was flawed. This ruling temporarily halted efforts to regulate the cultivation and management of industrial hemp in Ghana.
On December 14, 2023, Ghana’s Parliament legalized the cultivation of hemp. The law gives the Interior Minister the authority to issue licenses, ushering in a new era in Ghana’s cannabis regulations.
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Economic Potential
Experts believe that the successful implementation of these cannabis regulations could unlock significant economic benefits for Ghana. GhanaWeb states: “Legalising and regulating medical cannabis will take revenue away from criminal groups and transfer it to licenced and regulated businesses."
The Minister for Finance, Hon. Ato Forson has revealed that the Ministry of the Interior has initiated processes to implement Section 43 of the Narcotics Control Commission Act, 2020 (Act 1019) and the Narcotics Control Commission Regulation 2023 (L.I. 2475). Hon. Ato Forson stated that this initiative is aimed at regulating the cultivation and management of cannabis with a tetrahydrocannabinol (THC) content not exceeding 0.3% on a dry weight basis in Ghana.
“The government plans to harness cannabis' vast industrial potential, exploring its applications in fibre and controlled growth seed,” stated Victor Oluwole, Head and Editor at Business Insider Africa. “This progressive approach mirrors a broader trend in Africa, as several nations, including Lesotho, Zimbabwe, South Africa, and more, have taken the leap to legalise cannabis for medical and scientific purposes.”
Several sources suggest that the new law can open up more opportunities for revival of the agriculture and textile industries in the country.
Bogus Cannabis License Consultants
Bogus cannabis license consultants are springing up in full force in one of West Africa’s new cannabis markets, with the goal of taking advantage of the green rush. Ghana’s Narcotics Control Commission (NACOC) issued a warning Monday, clarifying that no one is yet authorized to issue cannabis licenses and charge applicants for it.
“The Narcotics Control Commission (NACOC) wishes to reiterate that it has not authorised, accredited, or certified any individual, group, or association to facilitate, broker, or secure the acquisition or issuance of cannabis licences,” stated Acting Director of Public Affairs and International Relations, Francis Opoku Amoah.
“NACOC cautions all prospective applicants not to pay money to anyone purporting to act as an agent, intermediary, or consultant for cannabis licensing," the statement reads. "All licensing processes will be conducted only by the Commission, not through third parties.”
The announcement advises the public to “exercise patience” and allow Ghana’s Parliament to roll out regulations for cannabis licenses and to pass the relevant bill.
Cannabis Penalties in Ghana
Ghana retains tough drug laws in response to the country’s struggle with illicit trafficking. Local laws forbid the sale, import, export, or supply of cannabis, and the country takes offenses and abuse seriously.
Ghana’s Narcotic Drug Law of 1990 states the following penalties for a narcotic substance, including cannabis:
- Possession: Minimum prison sentence of 10 years
- Use: Minimum prison sentence of five years
- Supply: (No money exchanging hands) Minimum prison sentence of five years
- Production, manufacture, import, export, or distribution: Minimum prison sentence of 10 years
- Cultivation: Prison sentence up to 10 years
Repeat offenses can increase prison terms to as much as 20 years, and the law does not grant bail for those caught with drugs, including cannabis.
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