The Speaker of Parliament, Alban Bagbin, has voiced his displeasure with the Supreme Court’s ruling that revoked the law that authorised licences to produce cannabis in Ghana.
In July 2022, the Supreme Court struck out Section 43, which allowed the Minister to issue licences to persons for the production of cannabis for medical and industrial uses.
The Speaker has stated that the Supreme Court made a mistake by issuing its judgement without first ensuring that the correct procedures were followed for passing a law.
“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 the meantime, the bill has been sent to the House Committee on the Departments of Defence and the Interior for consideration.
The committee’s job is to write the correct provision for re-enacting the law in question. In addition, Mr. Bagbin emphasised the importance of this matter to him. Therefore, he has granted the Committee one week to complete the report.
Even Interior Minister Ambrose Dery said the Supreme Court’s decision was a huge mistake.
“To therefore say Section 43 is unconstitutional because there was no debate, in my humble opinion, is a grievous error,” he added.
The Member of Parliament for Nandom went on to clarify that the bill’s purpose is not to legalise cannabis for entertainment purposes but rather to allow the Minister to give licences to persons who can produce 0.3% THC.
He went on to say that the Act was passed in order to promote the government’s adoption of a more progressive approach towards cannabis use in both industrial and medical contexts. Meanwhile, the administration has presented an amendment in Parliament that restores the exact language that the Supreme Court struck out.
The Supreme Court ruled in August 2022 that Parliament’s handling of the Narcotics Control Commission Act was not open and honest.
Section 43 of the law, which authorised cannabis growing for medical and industrial uses, was specifically cited. On July 27, the court ruled that the clause was unconstitutional.
