Is Marijuana Legal in Ghana?

Cannabis is currently illegal in Ghana for medical and recreational purposes. The country struggles with drug trafficking and illegal marijuana cultivation, so its drug laws are strict. Using or possessing marijuana in Ghana can result in 10 years of prison time. However, the government is taking steps to legalize low-THC cannabis cultivation for medical use.

Medical Marijuana Laws in Ghana

Ghana has not legalized or decriminalized medical marijuana cultivation or use yet. However, the country came extraordinarily close a few years ago.

In 2020, the Parliament of Ghana legalized low-THC cannabis for industrial and medicinal purposes. Section 43 of the Narcotics Control Commission Act of 2020 enacted the following changes:

• Transform the country’s Narcotics Control Board (NACOB) into a commission with enhanced powers.
• Allow the Narcotics Control Commission to grant cultivation licenses for cannabis with no more than 0.3% tetrahydrocannabinol (THC) content on a dry weight basis, the same level allowed for hemp cultivation in the U.S. under the 2018 Farm Bill.
• Restrict low-THC cannabis for only industrial purposes, such as obtaining fiber, and for medical purposes.
• Permit extracting cannabidiol (CBD), which Ghana does not list as a narcotic drug.
• It also indicated that the government would treat drug abuse as a public health matter, converting the prison term for personal cannabis possession into a fine.

According to GhanaWeb, ​​the president of the Hemp Association said the main factors promoting the revised Act were:

• The environment
• New revenue
• Development of medicines superior to opioids

Member of Parliament (MP) Ras Mubarak reiterated that recreational cannabis for personal use would remain illegal in Ghana, clarifying the following:

• It is illegal to grow or possess cannabis without a license.
• Growing cannabis with more than 0.3% THC remains illegal.
• The law allows stiffer punishment for those who cultivate or possess cannabis without lawful authority.

Unfortunately, in May 2023, Ghana’s Supreme Court voted against ratifying aspects of the Act in a majority 5-4 decision. According to the court, Ghanaian lawmakers bypassed several constitutional requirements in proposing and passing the bill. For example, Ghanaian lawmakers did not abide by the following rules:

• The Ghanaian Constitution requires members of Parliament to present bills with accompanying “explanatory memoranda” and details.
• Bills must be submitted 14 days before a debate and vote.

Instead, they only briefly discussed the Act 12 minutes before the vote and approval.

Despite the Supreme Court’s decision to nullify parts of the Act, Ghana’s Minister for the Interior, Mr. Ambrose Dery, declared, “Individuals who wish to apply for such a [cultivation] license would be provided with ‘standard plants’ only for that purpose.”

As of March 2023, the Hempire Association of Ghana reported that more than 70 businesses were still awaiting government approval for growth licenses.

What to Know About About Medical Cannabis in Ghana

Cannabis cultivation and recreational use are widespread in Ghana, despite being illegal for medical and recreational purposes. The United Nations ranked the country as one of the biggest cannabis-smoking nations in the world, estimating that 21.5% of Ghana’s population between ages 15 and 64 regularly use the drug.

Cannabis Penalties in Ghana

Ghana retains tough drug laws in response to the country’s struggle with illicit trafficking. Local laws forbid the sale, import, export, or supply of cannabis, and the country takes offenses and abuse seriously.

Ghana’s Narcotic Drug Law of 1990 states the following penalties for a narcotic substance, including cannabis:

• Possession: Minimum prison sentence of 10 years
• Use: Minimum prison sentence of five years
• Supply: (No money exchanging hands) Minimum prison sentence of five years
• Production, manufacture, import, export, or distribution: Minimum prison sentence of 10 years
• Cultivation: Prison sentence up to 10 years

Repeat offenses can increase prison terms to as much as 20 years, and the law does not grant bail for those caught with drugs, including cannabis.

Ghana vs. Other Countries

Cannabis is illegal throughout Africa despite having some of the highest levels of global production. However, economic arguments for cannabis legalization are strong and increasing on the African continent, strengthened by the revenues generated in legalized markets, such as the U.S. and Canada.

Although cannabis remains illegal in Ghana, its efforts to revise drug laws align with some of the progressive changes happening throughout the continent.

• South Africa decriminalized personal use; Egypt and Mozambique have explored similar legislation.
• Eleven countries have existing or pending provisions for medicinal cannabis, including South Africa, Malawi, Zimbabwe, Lesotho, Zambia, and Seychelles.
• Other countries have attempted to create export markets, such as Cameroon.

Can You Grow Cannabis in Ghana?

Cultivating cannabis in Ghana is a criminal offense and can result in a 10-year prison sentence, even for small amounts. However, cannabis cultivation remains high in Ghana, similar to most of West Africa. The Sefwi, Aowin, Brong Ahafo, and Ashanti regions have hot and humid climates ideal for cultivating cannabis plants. Because cannabis is illegal, farmers tend to intercrop the plants with other legal crops, such as okra or cassava. They also grow cannabis in forests, where authorities seldom detect it.

The Bottom Line

Cannabis is illegal in Ghana, with strict penalties for those caught using or possessing even small amounts. In 2020, Ghana passed the Narcotics Control Commission Bill, which approved the cultivation of hemp, the low-THC cannabis variety, for medical and industrial purposes. However, in May 2023, the Ghana Supreme Court ruled that the new law was unconstitutional. As of today, legal cannabis cultivation remains up in the air as entities await potential licenses.