EXPLAINER: What the Narcotics Control Commission Amendment Bill 2023 means

On Wednesday, July 12, 2023, the parliament of Ghana took up and passed the Narcotics Control Commission Amendment Bill, 2023.

The Bill had a single clause that once passed, will empower the Minister of Interior to grant licenses for the cultivation of cannabis within the country.

This article explains what the passage of the Narcotics Control Commission Amendment Bill 2023 into law means.

What is the Narcotics Control Commission Bill?

In accordance with efforts by the United Nations under the Comprehensive Multidisciplinary Outline (CMO) policy to tackle the global rise of drug trafficking and abuse, the government of Ghana ratified the Narcotics Drugs (Control, Enforcement and Sanctions) Law, 1990/PNDC Act 236 in 1990 (PNDCL 236).

The Act under Section 55 provided for the establishment of the Narcotics Control Commission (NACOC) Act 1019, then known as the Narcotics Control Board (NACOB).

The Commission, which was established in November 1990, was authorized as the central and regulatory body in charge of dealing with the rising incidence of drug abuse in the country.

Act 1019 empowered NACOC to enforce Narcotic laws, control the use of narcotic drugs in the country, educative citizens on narcotic drugs and coordinate with local and international organizations to prevent, and contain the use of narcotic drugs.

What is new in the Narcotics Control Commission Amendment Bill 2023

The significant change in the Narcotics Control Commission Amendment Bill 2023 is that the enacted bill authorizes the Minister for Interior to grant licenses for the cultivation of cannabis with limited THC content.

The passage of the Bill follows a 4-3 majority decision by Ghana’s Apex Court, that annulled Section 43 of Act 1019. According to the Supreme Court, at the time of its passage into law, the bill lacked parliamentary debate, making the bill contravene Article 106 (5) (6) of the 1992 Constitution.

Section 43 of Act 1019 previously authorized the Minister, based on the Commission's recommendation, to grant licenses for the cultivation of cannabis, commonly known as "wee" in Ghana.

Does the new Bill mean citizens can plant, use and smoke ‘wee’

The passage of the Narcotics Commission (Amendment) Bill 2023 by Parliament has been met with great joy and applause by many as they think the new law is a green light for domestic use of cannabis and it legitimizes the smoking of ‘wee’, unfortunately, it is not so.

The bill only allows the Interior Minister to grant licenses and regulate the use of certain types of cannabis; those with a THC content not exceeding 0.3% on a dry weight basis to be used for industrial purposes to obtain fibre or seed for medicinal use.

The bill prohibits all persons, including license holders from cultivating cannabis for recreational purposes.

Who can grant a license for the cultivation of cannabis

The Narcotics Control Commission (Amendment) Bill 2023 names the Minister of Interior as the sole officer mandated to grant licenses for the cultivation of cannabis. The office would also oversee the opening of avenues for the utilization of this versatile plant in various beneficial applications.

What happens to persons apprehended for using drugs

The new law has converted the prison term for drug possession for personal use into a fine of between 200-500 penalty units (translating to GHC 2,400 – 6,000).

It means that instead of sending people to prison for up to 10 years for simple possession of drugs for personal use, they will offer alternatives to incarceration.

This is in line with current programs and policies to decongest our prisons, notably the Justice for All program, instituted in 2007.

EAN/BOG