Speaker Displeased With Supreme Court Over Canabis Law Struck Out

Speaker of Ghana’s Parliament, Alban Sumana Kingsford Bagbin has expressed displeasure with the Supreme Court for strucking out the law granting license for the cultivation of cannabis in Ghana for medicinal purposes.

The Apex court in July 2022 struck out section 43 which enables the Minister to give license to individuals for the cultivation of cannabis for medicinal and industrial purposes.

According to the Speaker, the Apex court was wrong to carry out the ruling without verifying the right process and procedure a bill goes through before it is enacted.

“I hope the three arms of government will work together and respect each other. In case of doubt, it’s important to consult the other arm before giving finality to whatever decision the other arm wants to take.

“I do not think it was proper for the Judiciary without knowing how we conduct our business here, really go into how we conduct the business and make such important decisions without consulting the House. That is improper,” he said in Parliament on June 6, 2023.

Meanwhile, the speaker has referred the bill to the Committee of Defense and Interior for consideration.

The committee is expected to come up with the right provision needed to re-enact the law.

Mr. Bagbin added that the matter was of importance to him. He has therefore given the Committee a week to work on the report.

Also, Interior Minister Ambrose Dery described the Supreme Court’s ruling as a grievous error.

He said “to therefore say section 43 is unconstitutional because there was no debate in my humble opinion is a grievous error.”

The Nandom MP continued that the bill does not seek to legalise the recreational use of cannabis but to allow the Minister to issue licenses to people who can produce at 0.3% THC.

He added that the legislation was to help government take a modern approach and allow for industrial and medicinal use of cannabis

Meanwhile, the government has introduced the same section which the Supreme Court struck out as an amendment in Parliament.

In August 2022, the Supreme Court said Parliament did not act transparently in the passage of the Narcotics Control Commission Act.

Specific reference was made to portions of the law (Section 43) which permitted the cultivation of cannabis for medicinal and industrial purposes.

The court on July 27 declared this provision unconstitutional. The entire decision of the highest court has since been released.

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