Cannabis is a genus of flowering plants in the Cannabaceae family, which consists of three primary species: Cannabis sativa, Cannabis indica, and Cannabis ruderalis.
Cannabis, also known as marijuana in Ghana among other names, is a psychoactive drug from the Cannabis plant used primarily for medical or recreational purposes.
The main psychoactive component of cannabis is tetrahydrocannabinol (THC), which is one of the 483 known compounds in the plant, Cannabis can be used by smoking, vaporizing, within food, or as an extract.
The United Nations Office for Drug and Crime (UNODC) evaluates according to the 2017 World Drug Report that, 183million people worldwide use marijuana which makes it the most popular illegal drug worldwide (UNODC World Drug Report, 2017).
In Ghana the Narcotics Control Commission (NCC) formerly referred to as Narcotics Control Board (NACOB) in its hand book on drug abuse, states that Cannabis is the most prevalently used illegal drug in the country.
Cannabis is often widely classified into two main typologies (hemp or marijuana) depending on THC content when it comes to regulation for drug policy purposes.
While hemp and marijuana are regularly referred to as “species” or “strains” of Cannabis, they actually do not qualify as either one. In fact, they couldn’t technically be considered as plants at all…
Hemp and marijuana are simply broad classifications of Cannabis that is adopted for policy reasons.
To clarify the difference between Hemp and Marijuana and clear the smoke on this frequently misinformed subject, let’s explore what each of these terms actually means and how they relate to Cannabis.
What is Hemp?
“Hemp” is a term used to classify varieties of Cannabis that contain 0.3% or less THC content (by dry weight). This definition has generally been used to describe non-intoxicating Cannabis that is harvested for the industrial use of its derived products.
It is widely accepted that this type of cannabis has capabilities to produce crucial resources such as food, rope, clothing, paper, housing material, and more. Hemp has been the catalyst for man’s earliest innovations. It’s worth noting that this type of cannabis is not cultivated or planted in Ghana.
What is Marijuana?
“Marijuana” is a term used to classify varieties of Cannabis that contain more than 0.3% THC (by dry weight) and can induce psychotropic or euphoric effects on the user. This is basically the type of cannabis that is cultivated or planted in Ghana though illegally so.
Proponents of a liberalized model of cannabis policy contend that the prohibitionist and conservative approach of dealing with the cannabis menace has failed and argues that the nation should take measures aimed at liberalizing our position when it comes to cannabis.
This could be because, according to UNODC reports, the estimated prevalence of cannabis use in the adult population is highest in West and Central Africa, at 12.4 percent, compared to the averages of 7.5 percent in Africa and 3.9 percent globally. It’s obvious the voices of the liberalist have in a way led to some reform. What then is the current position of the law on cannabis?
Position of the law
In the recently assented to new Narcotics Control Commission Act, 2020 (Act 1019) which replaces the old PNDC law 236 on narcotics and its related offences, there has been some changes.
Section 43(1) (2) of Act 1019 under special provision relating to cannabis explains that,
(1) the Minister, on the recommendation of the commission, may grant a license for the cultivation of cannabis which has no more than 0.3% THC content on dry weight basis for industrial purposes for obtaining fiber or seed or for medicinal purposes.
(2) For the avoidance of doubt, a license granted under subsection (1) shall not be for the cultivation of cannabis for recreational use.
This section by interpretation means that, not all types of cannabis is legally permissible to cultivate in Ghana but the “hemp” type which has a THC content of 0.3% or less, which is mostly planted for its fiber and straw for industrial purposes.
This type of strain is not common in Ghana. Contrariwise, what this section means is that, the cultivation or use of marijuana (the common strain we have in Ghana with THC content more than 0.3%) in all its forms, still remains illegal.
This is reemphasized in the new ACT section 39 (1) which explicitly explains that a person shall not, without lawful authority, proof of which lies on that person, own, cultivate, grow or harvest a plant that can be used or consumed as a narcotic drug or plant, or from which a narcotic drug can be extracted or processed.
Meanwhile, a person who acts in strict contravention to this provision commits a crime and shall be liable on summary conviction to a fine or a term of imprisonment. It’s clear from these explanations that persons out there who are cultivating or using marijuana in all its forms are doing so illegally and are perpetrating an outright illegality; the law did not say you now have the right to cultivate marijuana as you would wish.
Please be guided by these provisions and desist from acts that will make you fall short of what is legally allowed, ignorance of the law is no excuse. Do not be deceived by media reportage. Don’t wanna talk chaw. Feel free to comment.
NB. The views espoused in this write up are solely and entirely that of the writer and do not in any way represents any organization or group of persons. For further information on the subject matter you may contact the legal department of the narcotics control commission. All references or ideas sampled are duly acknowledged.
Compiled by
NABUO NABUO (enabuo@gmail.com)
Son of the sun