Is Marijuana Legal in Mauritius?
Article written by
Shanti RyleContent Writer
The African country of Mauritius has shifting cannabis laws that will soon vary depending on whether the marijuana is intended for medical or recreational purposes.
Currently, all cannabis is illegal in Mauritius, with strict penalties of up to five years in prison for simple possession. However, in November 2022, Mauritius’ government passed the Amended Dangerous Drugs Act to decriminalize small amounts of cannabis possession, requiring those caught to go into rehabilitation instead of punishing them with penalties.
The country’s amended laws will also establish a legal framework for medical marijuana. However, while the amendment establishes some parameters for a medical marijuana program, it has some vague and contradictory language that has hampered the launch of such a program.
However, the amendment has not yet been proclaimed into law, and the legal changes will not go into effect until an unspecified date to be set by government officials.
Medical Marijuana Laws in Mauritius
Cannabis, known locally as “gandia,” shares a long history with the people of Mauritius, where locals used it quite often in everyday life. In the early 19th century, the Governor of the then-British colony of Mauritius reported that cannabis was openly used and sold and was “carried to excess” among the locals, causing problems. As such, cannabis was banned in 1840 and remained so after England relinquished its rule in the region and Mauritius earned its independence in 1963.
Following decades of shifting government rule, a rally was held in February 1999, calling for the legalization of marijuana. The Mauritian musician Kaya famously performed and smoked weed at the event but was detained by police and died in custody days later. In 2000, Mauritius’ Dangerous Drug Act 2000 was passed, outlawing cannabis and other narcotics and outlining strict penalties for those who possessed or trafficked drugs.
Another few decades passed, and amid global waves of legalization and acceptance of marijuana, the Mauritius government drafted an amendment to their drug laws. The Amended Dangerous Drugs Act was approved in late 2022, which will decriminalize small amounts of possession for personal consumption and require violators to undergo rehabilitation rather than endure prison time.
The new law also sets up general regulations for a medical marijuana program. According to the amendment, Mauritius authorities would define medical cannabis as any product produced from the cannabis plant that contains no more than 30 milligrams of tetrahydrocannabinol (THC) per milliliter and a total volume not exceeding 60 milliliters. Only the following formats are allowed:
Further, the law states that medical cannabis can only be prescribed for specific medical conditions, including:
- Multiple sclerosis
- Epilepsy
- Intractable vomiting or nausea from chemotherapy
- Severe, intractable pain
The amended laws also provide that those suffering from other therapeutic conditions can be approved to use medical cannabis by the Medicinal Cannabis Therapeutic Committee if good outcomes seem promising based on therapeutic evidence. Cannabidiol (CBD) is also to be made available under these laws.
Only specially-trained physicians would be allowed to prescribe cannabis to a patient who meets one of these qualifying conditions. The doctor would then recommend marijuana for medicinal use as a treatment to a hospital committee to be established in each hospital, which would approve up to a three-month prescription for such treatment.
However, while some guidelines were established, some elements are lacking in enabling patient access to cannabis for medical use, according to the law’s critics. It established rules about product types and how only specialized physicians can prescribe cannabis. However, it did not set up a system for Mauritius organizations to cultivate, produce, or import marijuana for medical purposes.
What to Know About About Medical Cannabis in Mauritius
While new laws are pending (covered below), Mauritius’ current drug laws remain in effect. These rules ban cannabis and harder drugs and penalize those found guilty of marijuana possession with up to five years in prison.
Medical Marijuana Will Be Legal for Qualifying Conditions
Once the law is passed, patients with certain qualifying conditions can see a physician specialist to request medical marijuana as a treatment. Only capsules, tinctures, oils, and oro-mucosal sprays will be allowed as cannabis-based treatment options.
Medical Cannabis Is Not Available for Purchase
Marijuana for medicinal purposes will only be available for purchase from regional hospitals and via an authorized pharmacist. However, Mauritius has no pathway yet to import or create medical marijuana products that meet the law’s specifications. Even after the amendment passes, there will likely be some time between then and available cannabis products for patient use.
Recreational Cannabis Will Be Decriminalized
Per the Amended Dangerous Drugs Act, those caught possessing or using small amounts of recreational cannabis are no longer criminalized, depending on the amount of marijuana in their possession.
The law, instead, redirects drug users to health institutions or other rehabilitation centers, where cannabis consumption is treated as a health issue rather than a criminal one. What constitutes a “small amount” of cannabis is not known, but some anecdotal sources claim possession of 3 grams or 5 grams is decriminalized.
Drug trafficking and possessing or selling larger amounts are still illegal in Mauritius.
Can You Grow Cannabis in Mauritius?
It is against the law to cultivate cannabis, whether for personal use or to sell to others. Only the Ministry of Agro-Industry and the Food and Agricultural Research and Extension Institute (FAREI) are authorized to grow and research hemp plants, which they recently were permitted to do by the Mauritius government. In the future, businesses may be granted licenses for hemp cultivation, but this is not on the horizon.
The Bottom Line
Mauritius’ marijuana laws are currently in flux, but the island nation is in the vanguard of African countries opening a way forward for legalized marijuana. Keep an eye out for regulatory updates; while smoking weed or blatant drug consumption will likely stay illegal, patients in need will soon have access to new, promising medicine in the form of cannabis.