Supreme Court Affirms Ruling Against Wee Cultivation: Says Law That Allowed It Was Unconstitutional

Supreme Court Affirms Ruling Against Wee Cultivation: Says Law That Allowed It Was Unconstitutional

  • The Supreme Court has removed any doubts about cannabis cultivation in Ghana after affirming its 2022 ruling against it
  • On Wednesday, May 24, 2023, the apex in a majority 5-4 ruling said the law that allowed cultivation of the weed for medicinal purposes was unconstitutional
  • An act of the Narcotics Control Commission had allowed the cultivation of weed with a very low THC

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Ghana's Supreme Court has ruled that an old law that allowed the cultivation of 'wee' for medicinal purposes in Ghana was not passed constitutionally in Parliament.

The majority 5-4 ruling on Wednesday, May 24, 2023, was an affirmation of its previous ruling on the same matter.

Justice Jones Dotse, the presiding judge, explained that the review application failed to meet the necessary threshold for such a review.

Supreme Court affirms ruling against cultivation of weed in Ghana medicinal purposes.
Creative image showing Ghana Flag on cannabis background (L) and a man smoking cannabis. Source: Getty Images.
Source: Getty Images

Supreme Court strikes out wee cultivation provision in Narcotics Act

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In July 2022 the apex court struck out the provision in the Narcotics Control Commission Act that allowed the cultivation of the substance for medicinal purposes.

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Section 43 of the Narcotics Narcotics Control Commission Act, Act 1019, stipulated the Commission may grant a licence for the cultivation of 'wee'.

But the substance must not have more than 0.3% THC content. THC is the primary psychoactive cannabinoid extracted from the wee plant.

The Supreme Court ruled against the provision of the Commission because it is a violation of Article 106 of the 1992 Constitution which makes it mandatory for such laws to go through the Legislature.

Majid Michel speaks on the legalisation of 'wee'

Meanwhile, reported in a previous story that actor Majid Michel waded into the debate surrounding the legalisation of Indian hemp famed as 'wee' in local parlance.

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According to the actor-turned-pastor, 'wee' was God-made and added he did not really mind if it was legalised.

There has been a growing national debate which stems from a global discourse on the legalisation or otherwise of the plant.

20 Ghanaian fishermen jailed in Nigeria for trafficking wee

Also, reported that some Ghanaian fishermen have landed in trouble in Nigeria for smuggling 'wee' into Nigeria from Ghana.

The 20 fishermen were convicted and jailed on August 4, 2022, according to the press in Nigeria.

The fishermen were found with 13.670 kilos of the banned substance.

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