Speaker clears air on ‘wee’ law
The Speaker of Parliament, Alban Kingsford Sumana Bagbin, has emphasised that the recent legislation on the use of cannabis did not endorse the recreational use or smoking of the drug.
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"We must dispel any misinterpretation of the new Act.
The provision is designed to strike a prudent balance between the harnessing of the drug for industrial and medicinal use of not more than 0.3 per cent Tetrahydrocannabinol (THC) content, while maintaining our robust control of narcotics to ensure the safety and well-being of our society," Mr Bagbin said this in Parliament to correct the misconception about the new Act.
He indicated that seedlings of the 0.3 per cent Tetrahydrocannabinol (THC) type of cannabis was not currently available in Ghana; hence, it was too early for people to start celebrating.
Act
The Act gives discretional powers to the Minister for the Interior, Ambrose Dery, to grant licences for the cultivation of a small quantity of cannabis, popularly referred to as "wee" in Ghana, for industrial and medicinal purposes.
Warning
The Speaker warned the public that the Act remained in full force, detailing an extensive list of penalties for unlawful activities associated with the use of cannabis.
He stressed that the Narcotic Control Commission Act categorised ‘wee’ as a narcotic drug.
"This provision underlined our unwavering stance against the illicit use of narcotics, while simultaneously recognising its potential benefits for industrial and medicinal use," he said.
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The Speaker said to underscore the intent of the licence, Section 43 (2) of the Act expressly stated that it should not be extended to recreational use.
"That the prohibition against the unlawful cultivation, possession and use of narcotics clearly outlined in Section 39 to 42 of the Act remains unaffected," he added.
Parliament passed the Narcotics Regulation Commission Amendment Bill, 2023, last week.
The Bill will amend the Narcotics Commission Act, 2020 (Act 1019).
It amended Act 1019 to reintroduce Section 43 that provided an opportunity for Parliament to debate the policy rationale of the provision in accordance with Article 106 of the Constitution and the ruling of the Supreme Court.
Supreme Court ruling
The Bill was necessitated by the ruling of the Supreme Court in the case between Ezuame vs Attorney-General and the Speaker of Parliament on July 27, 2022.
In the said ruling, the apex court declared Section 43 of Act 1019 as unconstitutional and, therefore, null and void.
In a 4-3 majority decision on July 28, 2022, a seven-member panel of the apex court held that Section 43 of Act 1019 violated Article 106 of the Constitution, which details the processes a bill must go through before it is passed into law by Parliament and was, therefore, null and void.
In the view of the court, the lack of debate on Section 43 of Act 1019 amounted 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.