INTRODUCTION

Cannabis commonly referred ‘Igbo’ or ‘Weed’ in Nigeria and is one of the most widely used illegal drugs in the world. According to the United Nation Office on Drugs and Crime, African continent has the highest levels of cannabis production in the world[1]. Despite its illegal status, the cultivation and use of Cannabis in Nigeria dates to the early 20th century. Farmers in the rural areas often grow the plant in remote locations, hidden from law enforcement, and it is frequently intercropped with legal crops to avoid detection. The practice is driven largely by economic factor, as cannabis offers higher profit compared to traditional agriculture. [2]

Cannabis is a group of plants that Includes Cannabis Sativa, Cannabis Indica, and Cannabis ruderalis. It has been used for various purposes such as medicinal use to treat conditions like chronic pain, anxiety, and epilepsy. Some countries have legalized the used of medical Cannabis for treating patients. In some countries cannabis has been legalized for recreational use and for industrial purpose. [3]

Cannabis was not an indigenous plant in Nigeria, but it was introduced by returning Soldiers and sailors, while the origin of cannabis is unclear in Nigeria. However, the widespread use of the substance is believed to have been facilitated by its role in alleviating fear among young men during the war. Another promoting factor of cannabis in Nigeria is the Influence of Fela Kuti a popular musician who was famous for using cannabis on stage while performing his music. The boldness and audacity he had to speak about the government gave a lot of young Nigerians the thought that they can follow his lifestyle.[4]

LEGAL FRAMEWORK ON CANNABIS REGULATIONS IN NIGERIA.

The Legal Framework governing cannabis in Nigeria are stringent and largely rooted in the country’s commitment to International Drug Control Treaties.

  1. NATIONAL DRUG LAW ENFORCEMENT AGENCY (NDLEA) ACT

The NDLEA Act is the primary legislation that regulates the control and prohibition of drugs, including cannabis in Nigeria. The Primary purpose of the Act is to curb the growing drug problem in Nigeria, and this led to the creation of an agency responsible for the prevention, detecting, and prosecuting drug-related offences.

The NDLEA Act establishes the National Drug Law Enforcement Agency (NDLEA) as a body charged with the responsibility of eradicating drug related offence.[5] The power of the Agency includes the authority to conduct search, seize, investigation, arrest, and prosecution of individuals involved in drug trafficking or possession and to confiscate any proceeds or property derived from drug related activities. [6] Individuals found in possession of Cannabis shall be guilty of an offence and imprisonment for a term not less than fifteen years but not exceeding 25 years. [7]

CHALLENGES CONTRIBUTING TO LACK OF ENFORCEMENT OF NDLEA ACT

a.   Resource Limitations: The NDLEA frequently face financial constraints, and this limits their operational capacity. Insufficient funding affects everything from personnel training to equipment procurement, hindering the agency’s ability to conduct effective enforcement actions.

b.   Corruption: Corruption within law enforcement agencies can affect the efforts to combat drug trafficking. Reports of bribery and collusion with drug traffickers can create a culture of impunity, allowing illegal activities to flourish.

c.   Inadequate Training: Many personnel within the NDLEA may lack the specialized training necessary to deal with current trends in drug trafficking methods. This inadequacy can lead to ineffective operations and missed opportunities to tackle drug trafficking.

d.  Public Awareness and Support: Limited public awareness about the implications of drug abuse and trafficking can result in insufficient community support for NDLEA initiatives. When communities are not engaged, it becomes more challenging to gather intelligence and foster cooperation in enforcement efforts.

  1. INDIAN HEMP ACT 1966

The Indian Hemp Act is one of the key pieces of legislation in Nigeria that criminalizes cannabis. It prohibits the cultivation, possession and trafficking of cannabis in Nigeria. Section 1 of the Indian Hemp Act defined Indian Hemp as any plant or part of a plant of the genus cannabis or the separated resin, whether crude or purified, obtained from any plant of the genus cannabis or any preparation containing any such resin, by whatever name that plant, part, resin or preparation may be called.[8]

The Act frowns strictly on any person who knowingly plants or cultivates any plant of the genus cannabis such person shall be guilty of an offence and liable on conviction to be sentenced either to death or to imprisonment for a term of not less than twenty-one years.[9]

The law targets individuals who engage in the act of planting or cultivating cannabis plants. The act of planting or cultivating these plants is deemed a criminal offense under this law. It implies that the cultivation of cannabis is illegal and punishable by law, reflecting a strict stance against the use or spread of cannabis. The punishment prescribed by the Act reflects a long-term approach to incarceration, emphasizing the serious nature of the crime. The Indian Hemp Act gives law enforcement agencies the power to search, seize, and destroy cannabis farm and products.

DECRIMINALISATION OF CANNABIS IN NIGERIA

The debate surrounding cannabis legalization is gaining traction globally, and Nigeria is no exception. Till date, cannabis and all other narcotic substances remains illegal and is under the control of the National Drug Law Enforcement Agency (NDLEA) which has the power to enforce and prevent the growing, processing, manufacturing, selling, exporting, and trafficking of cannabis in Nigeria. As the most populous country in Africa, Nigeria faces unique challenges regarding preventing the use of cannabis, especially in a developing society.

There have been continuous arguments about the need for legalization of cannabis for industrial and medicinal purposes. Globally, the movement for the legalization of cannabis has gained a lot of attention from advocate stating its medical importance. In Nigeria, advocates for medical Cannabis argue that the benefits of cannabis, includes treating conditions like chronic pain, epilepsy, and other ailments, which make it understandable for the Federal Government push for decriminalization.[10]

Culturally, Cannabis has established presence in various Nigerian communities, despite its illegal status. This acceptance challenges the narrative that cannabis is wholly harmful. Advocates argue that while cannabis may have adverse effects, similar substances like alcohol and tobacco are legally available despite their known health risks. This inconsistency raises questions about the rationale behind the criminalization of cannabis, particularly when considering its potential medicinal benefits.

The economic implications of legalizing marijuana in Nigeria are significant. Legalization could open up a lucrative market, providing opportunities for farmers and entrepreneurs. The potential for job creation in cultivation, processing, and retail is considerable, particularly in a nation with high unemployment rates. The tax revenue generated from a regulated cannabis industry can increase government funding for public services, thereby creating incentives for legalization.[11]

Irrespective of the  medical and economic benefits, cannabis is also known to induce mental disorder and internationally, it is still considered as a dangerous substance and must be properly managed with strict regulation. In Nigeria, the National Drug Law Enforcement Agency (NDLEA) plays a central role in shaping drug laws and policies, and it remains firmly opposed to the legalization of cannabis in any form. The NDLEA has raised several concerns regarding legalization, asserting that it could lead to increased usage and create issues such as chaos, criminality, and violence. They argue that regulating the cultivation of cannabis for medical purposes also comes with challenges, making it difficult to ensure that it is grown under controlled conditions. While there are recognized therapeutic benefits associated with cannabis, the NDLEA contends that, given the current Nigerian context, the potential risks outweigh the advantages. As a result, the debate over legalizing cannabis has been impeded, with no considerable progress. However, the possibility of future discussions on the matter cannot be dismissed, as evolving public opinions and global trends may eventually influence the dialogue surrounding cannabis legalization in Nigeria.

INTERNATIONAL FRAMEWORK ON CANNABIS

Regulating the use of cannabis has gained a lot of global attention, Nigeria as a signatory to key United Nations treaties, is a party to the international framework that classifies cannabis as a controlled substance. Some of these Treaties are:

  1. Single Convention on Narcotic Drugs (1961)

Nigeria signed this treaty, which classifies cannabis as a Schedule I drug, restricting its use to medical and scientific purposes. The Convention aim to combat drug abuse by harmonized international action and prevent the possession, use, trade in, distribution, import, export, manufacture, and production of drugs exclusively to medical and scientific purposes. Additionally, these treaties emphasize international cooperation to combat drug trafficking, deterring illegal activities associated with controlled substances.[12]

  1. Convention on Psychotropic Substances (1971)

Nigeria is also a party to this convention, which further regulates psychoactive substances but focuses on other drugs. The Convention on Psychotropic Substances establishes a comprehensive International Control System for various psychotropic substances, which include a range of drugs that affect mental processes. This framework was developed in response to the increasing variety and prevalence of drugs of abuse, particularly synthetic drugs that emerged in the late 20th century.

CONCLUSION

The laws around cannabis in Nigeria are complex and reflect a mix of history, culture, and economic issues. While cannabis is illegal under laws like the NDLEA Act and the Indian Hemp Act, there is a need to look into the potential benefits for health and the economy. Supporters of legalization argue that cannabis could be used for medical purposes and could create jobs and income for farmers.

However, there are still serious concerns about public health and safety. The NDLEA is firmly against legalization, fearing it could lead to more drug use and related problems. Additionally, Nigeria’s commitment to International Drug Control Treaties makes any changes challenging, it is important for Nigerian leaders to consider both the advantages and risks of cannabis regulation. The need to find a balance between health concerns and economic opportunities could lead to more effective policies in the future, fostering a discussion that might result in meaningful changes.

FOOTNOTES:

[1] United Nation Office on Drugs and Crime, Cannabis in Africa

[2]  Maurice Veldman Cannabis in Nigeria – Laws, Use, and History https://sensiseeds.com/en/blog/countries/cannabis-in-nigeria-laws-use-history/  accessed 5th September, 2024

[3] Histories of Cannabis Use and Control in Nigeria, Gernot Klantschnig  https://www.researchgate.net/profile/Gernot-Klantschnig/publication/304864866_Histories_of_Cannabis_Use_and_Control_in_Nigeria_1927-1967/links/65d27e2fe51f606f9979d408/Histories-of-Cannabis-Use-and-Control-in-Nigeria-1927-1967.pdf

[4]  Ugochukwu T. Ugwu, Emeka W. Dumbili, Inhaling thick smoke: cannabis subculture, community forming and socio-structural challenges in Nigeria < https://www.tandfonline.com/doi/full/10.1080/09687637.2021.2004998 > accessed 7th September 2024.

[5] Section 1 NDLEA ACT

[6] Section 11

[7] Section11(d)

[8] Section 1(a)-(c) Indian Hemp Act.

[9] Section 2  Indian Hemp Act.

[10] Ngboawaji Daniel Nte, Oluka, Nduka Lucas, and Okotie Agbedia Joshua: Globalisation And Decriminalisation Of Cannabis In Nigeria: Lessons From The West https://journal.unnes.ac.id/sju/iccle/article/download/42302/19505 accessed 12th September 2024

[11] Ibid

[12] United Nations Office on Drug and Crimes < https://www.unodc.org/unodc/en/treaties/single-convention.html >

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