Supreme Court affirms decision to strike out law on marijuana cultivation in Ghana

The Supreme Court has in a majority 5-4 decision affirmed its view that the law allowing cultivation of weed in Ghana was unconstitutionally passed by Parliament.

Presiding Judge Justice Dotse stated that the threshold a party ought to meet to enable it to review its own judgement has not been met.

The court in July 2022 struck out Section 43 of the Narcotics Narcotics Control Commission Act, Act 1019.

This provision stipulated that “the Minister on the recommendation of the Commission, may grant a licence for the cultivation of cannabis popularly referred to as “wee” in Ghana, which is not more than 0.3 % THC content on a dry weight basis for industrial purposes for obtaining fibre or seed for medicinal purposes.”

However, the Apex court in a 4-3 majority decision annulled this provision and declared that it is a violation of Article 106 of the 1992 constitution.