The Republic of Ghana has amended its laws to accommodate the passage of a section of its already existing narcotics control laws to give way for the cultivation of cannabis for industrial and medicinal purposes. Narcotics drugs and plants cultivated for narcotics purposes and other related issues have always been a topical issue along the globe.
The administration of narcotics and its cultivation differ from one country to another. Whereas, in some countries, the laws refer to the cultivation of these narcotics drugs and their plants as a criminal act, in other jurisdictions, the laws are relaxed to allow persons of certain ages to possess some quantity of narcotics for use. The United States of America is one such country that has legalized Marijuana for recreational purposes. While most people around the globe and most especially in Ghana oppose the usage of Marijuana, there are few people who have always argued for the legalization and the use of Hemp.
This depicts the lack of extensive knowledge about the different types of cannabis and highlights the need for more literature on the said matter to update the public with the requisite knowledge and its related issues. As a result of this misconception, most people often refer to cannabis as Marijuana, Hemp and “Wee” in Ghana. It has become well known in the minds of people that, Marijuana or “Wee” or Hemp are the same. It is against this backdrop that this piece seeks to explain Marijuana and Hemp and their relationship.
Background
The administration and control of narcotics and plants cultivated for narcotics purposes and related issues has been governed by an act of parliament of the Republic of Ghana entitled Narcotics Control Commission Act, 2020 (Act 1019). This Act was passed by parliament and assented by the President on the 11th May 2020. This Act came to repeal the Narcotic Drugs (Control, Enforcement and Sanctions) Act, of 1990 (PNDCL 236).
In the Act 1019, a special provision was made to give the Minister the powers to grants licenses for the cultivation of cannabis for industrial and medicinal purposes, this was specified in section 43 titled “Special provision relating to cannabis” stated as follows;
(1) Despite subsections 39 to 42, the minister, on the recommendation of the Commission, may grant a license for the cultivation of cannabis which has not more than 0.3% THC content on a 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
Legal Status
However, the legalities of this special provision in section 43 was challenged in Ghana’s Supreme Court, on the 27th day of July 2022, the Supreme Court in the case of Ezuame Mannan vs The Attorney-General & The Speaker of Parliament Suit No. J1/11/2021 (Ezuame case), struck out the said section 43 of Act 1019 as unconstitutional holding that the said provision when it was introduced into Parliament was not accompanied by an explanatory memorandum as required under Article 106(2) of the 1992 Constitution of Ghana. The majority speaking through
Kulendi JSC held; thus,
“…the lack of debate on section 43 of Act 1019 amounts to not only a direct violation of the letter of Article 106 of the constitution but also a violation of the spirit of the law. There was conspicuously, no debate over such a critical shift in policy by Parliament. Needless to say, this conduct and mode of law-making defeats transparency and accountability enjoined by the Constitution. The dictates of constitutional fidelity, in our view, require that such a shift in policy which is intended to result in a novel exception, ought to be debated to satisfy the purpose of Article 106. Failing this the process adopted by Parliament offends the letter and the spirit of the
Constitution.”
This simply means that, the section 43 of Act 1019 failed to pass through the due process in Article 106 of the 1992 Constitution of Ghana, as stated as follows:
No bill, other than such a bill as referred to in paragraph (a) of article 108 of this constitution shall be introduced in Parliament unless –
“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.
The above narration on the position of section 43 of Acts 1019 clearly shows that, the main substance of the Section 43 Acts 1019 with regards to the cultivation of cannabis for industrial and medicinal purposes was not questioned.
Section 43 of Acts 1019 having been passed awaits assent from the President of Republic of Ghana to become a law.
Moreover, after the transition of the bill into law, the law requires that, a legislative instrument be laid before parliament for consideration. The legislative instrument would spell out the modus operandi governing the section 43 of Acts 1019. This simply means that, nobody can apply for the cultivation of Hemp for industrial or medicinal purposes or grow this plant until the Legislative Instrument regarding this law is passed.
Relationship Between Marijuana and Hemp
The growing concern that this paper seeks to achieve is to determine whether Marijuana “Wee” is the same as Hemp. The paper goes ahead to establish the relationship between Marijuana “Wee” and Hemp. Finally, it seeks to identify the economic benefits of section 43 of Acts 1019 to the country, Ghana.
Hemp and Marijuana
According to Trey Malone et al (2021), Hemp and Marijuana come from the same species, Cannabis Sativa. Cannabis is a genus plant that belongs to the family called Cannabaceae. Linsay Yerkovic (2022) defined Hemp as a cannabis plant that has 0.3% of THC (tetrahydrocannabinol) or less. Tetrahydrocannabinol (THC) is a natural compound occurring in Cannabaceae plants and CBD also known as cannabinoids is also found in the same plant, this means that, any plant that has relationship and is directly correlated to Cannabaceae plant has some
percentage of THC and CBD. THC contains the psychoactive ingredient component in cannabis.
It is basically responsible for the “high” and mind-altering effects. This means that any plant belonging to the Cannabaceae family that contains a larger percentage of more than 0.3% THC will react with the mind.
Marijuana “Wee” contains both CBD and THC, Marijuana contains more of THC than the component of CBD. Naturally Marijuana contains more than 0.3% of THC that causes people to be “high” after consuming this plant. Marijuana remains illegal in the jurisdiction of Ghana. The Section 43 of the Acts 1019 of Narcotics Control Commission Act, 2020, passed stated clearly by emphasizing on Hemp plant and not Marijuana “Wee” for industrial and medicinal purposes.
Extant literature has shown that Cannabinoids (CBD) found in cannabis plants just as THC has no psychoactive ingredient that causes “high” or mind-altering effects in humans. Research has shown that there is anecdotal evidence that CBD can treat various health conditions.
According to Trey Malone et al (2021), there is Clinical research that clearly shows that, CBD is effective for treating epilepsy and helps with pain relief and even anxiety. Hemp as indicated above has less than 0.3% of THC and more of CBD. This simply means that the intake of Hemp does not result in any psychoactive mind altering but rather contains a lot of CBD.
Sources from UNCTAD show the benefit of the Hemp plant as explained bellow.
The root provides the following agricultural benefits- soil regeneration, soil decontamination, water depollution, low needs in pesticides and herbicides, CO2.
The roots and leaves provide organic compounds extraction into oil, dried extracts for nutraceuticals/ pharmaceuticals and herbal teas.
The flowers also produce organic compounds extractions for oils and dried extracts. The stalks produce fiber extraction for fibers, tows, hurds used for paper food fiber, construction insulation biofuels, animal bedding and Textiles. The seed produces oil pressing for omega oil, oil seed cake for sowing, foods and beverages cosmetics, biodiesel supplement. The whole plant produces cell fluid, abrasive extraction, and fluid extraction.
Economic Benefit
The Brainy insight has indicated that the market size of industrial Hemp will be USD 28.47 billion in 2032. The United Nations Conference on Trade and Development (UNCTAD) report also indicated that the global market for industrial Hemp could hit USD 18.6 billion by 2027. The (UNCTAD) report emphasizes on “The growing Hemp market offers significant economic opportunities that all countries can capitalize on,” says Marco Fugazza, an UNCTAD economist and one of the authors of the report.
The industrial Hemp that contains more of CBD instead of THC will provide the following economic benefits to Ghana.
● Foreign Exchange
The industrial Hemp which has a large market size and has the potential of reaching USD 28.47 billion in the next decade and it is a great opportunity for Ghana to tap into the cultivation of cannabis (Hemp) to access the global market. This will earn the country foreign exchange and assist the country in terms of Balance of Payment support. The Top five countries as of 2022 that have benefited a lot from Hemp cultivation include China, Italy, European Union, Romania and Netherlands.
● Job Creation
As a country that has a growing unemployment rate, there is a need to take steps to curtail this problem which has become a national security threat to the country. Industrial cultivation of Hemp has a value chain that will create youth employment at different stages of the value proposition.
The value chain will include the following, the farmers, the agricultural workers, the researchers, the manufacturers, the exporters, and the retailers. The industrial Hemp-derived products include the following construction materials, textiles, paper, biofuels, and CBD-infused goods. This will even create avenues for entrepreneurs to set up companies that use the raw material to produce finished goods for local consumption and export. Industrial Hemp will provide an alternative livelihood for many Ghanaians and provide the avenues for farmers to diversify their agricultural activities. Research has shown that Hemp needs minimal water, little pesticide control and have a short growing cycle.
● High Demand
Industrial Hemp has a high-demand market, because of laws and regulations in various jurisdictions that prevent people from cultivating of this plant have led to demand exceeding supply.
When demand exceeds supply, the market forces then raise the prices of the commodities to satisfy the growing demand, this has led to high-profit margins being one of the lucrative businesses
around the globe.
Conclusion
Ghana as a country has taken steps in the right direction to promote the industrial Hemp cultivation, this will go a long way to provide economic and regional development. However, Ghana must consider all the precautionary measures and guidance available in drafting its Legislative Instrument (LI) regarding section 43 of Act 1019 of Narcotics Control Commission Act, 2020. The studies have also shown that, Marijuana “Wee” is different from Hemp but comes from the same species. This means that these plants are related and the distinction between them is the composition of THC and CBD found in them. Having outlined the economic benefits from the plant and its various products derived from the plant, the UNCTAD report says, “With its easy cultivation and vast environmental as well as economic potential, industrial Hemp cultivation can be the way forward for the growth of sustainable value chains in local and regional markets for many developing countries,”
References
Narcotics Control Commission Act (Act 1019), 2020 McFadden, Brandon R., and Trey Malone. “Homegrown perceptions about the medical use and potential abuse of CBD and THC.” Addictive behaviors 115 (2021): 106799.