Supreme Court’s ruling on cannabis cultivation a grave mistake

The government has strongly criticized the Supreme Court’s ruling, which declared certain provisions in the Narcotic Control Commission Act, allowing the cultivation of specific types of cannabis for medicinal and industrial purposes, as a grave mistake.

The apex court had previously sided with an applicant who invoked its original jurisdiction, citing a violation of Article 106 of the 1992 Constitution.

Despite the Office of the Attorney-General filing a review application, seeking to overturn the decision, the court dismissed it in a tight 5-4 decision. This outcome has raised concerns among government officials and supporters of the cannabis industry.

“To therefore say that Section 43 is unconstitutional, was in my humble opinion a grievous error. However, because we need to be in tandem with the international movement, and also because we consider this to be a public health issue and benefit of industrial as well as economic value, this amendment is necessary to let us put back what has been in my view declared unconstitutional,” Mr. Dery argued.

The Speaker of Parliament, Alban Bagbin, described the ruling of the Supreme Court as improper and referred the Narcotics Control Commission amendment bill to the Defense and Interior Committee for consideration, tasking them to report in the next 7 days.

“I think the country is losing a lot as a result of this decision. We need to work expeditiously to rectify the wrong. I hope that the three arms of government will work together and respect each other. In cases of doubt, it is important to consult the other arm before giving finality to whatever decision the other arms want to take.

“I don’t think that it is proper for the judiciary, without knowing how we conduct our business here, to really go into how we conduct our business and make such an important decision without consulting the House. That is improper,” the Speaker of Parliament said.