Botswana has finally presented the long-awaited Cannabis Bill to Parliament. The bill was almost unanimously supported and notably exempts offenders found in possession of small amounts from serving jail time but makes them liable to a hefty fine, in a provision that has re-ignited debate about the place of cannabis in the country.
The bill necessitated the amendment of The Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 2018, and in presenting the amended legislation in Parliament on Thursday,
Assistant Minister for State President, Maipelo Mophuting (pictured here) reiterated that the Cannabis Bill does not decriminalise the recreational use of cannabis but instead provides for cannabis use exclusively for medicinal and industrial applications. The Act stipulates that possession of 60 grams or less of cannabis will lead to a fine not exceeding P10 000 (R12 633) or an alternative penalty other than imprisonment. Offenders will also be subjected to compulsory rehabilitation.
“Speaker the Cannabis Bill, is not, and I highlight, is not about recreational use,” Minister Mophuting told Parliament, adding that cannabis “is well-regulated, strictly controlled”. “It creates a comprehensive regulatory framework, establishing the National Cannabis Control Authority to license, inspect and ensure the highest standards in cultivation, manufacturing, storage and distribution,” Mophuting said.
In remarks to motivate for the adoption of the bill, the minister said that the passing of the Cannabis Bill, 2025, made it necessary that existing legislation was harmonised towards enabling the implementation of the Cannabis Act.
“It will open the door for investment, job creation and skills development in a value chain that spans from agriculture to manufacturing, exports etc. It positions Botswana to participate competitively in a multi-billon dollar global market for medicinal and industrial hemp products,” she said.
The bill contains 13 clauses and all in all, expands policing powers while reducing citizens’ rights in some respects. For instance, Mophuting said drug enforcement officers were empowered to carry out searches without a warrant to effect arrests and to use firearms when necessary. Investigating authorities have also been given powers to intercept communications with or without a magistrate’s warrant, at the discretion of the head of an investigating authority. The bill also criminalises the disclosure of protected information and compels service providers to abide by specified requirements when assisting with investigations.
“The introduction of no jail for those in possession of 60 grams and below is a bad scenario which will extremely promote marijuana use amongst youth,” said Member of Parliament for Maun East, Goretetse Kekgonegile in remarks published in Botswana media last Monday.
But the acting Minister of Lands and Agriculture, Dr Edwin Dikoloti congratulated MPs for supporting the bill, which passed with a 35-32 majority. Their support reflected their understanding of the challenge of unemployment facing the country, stated Dikolodi.
It stands to reason that some cannabis stakeholders, specifically Rastafarians, will not be pleased by the latest developments. After lobbying for decrimininalisation, the introduction of the high penalty for possession of small amounts and the expansion of policing powers will no doubt further erode the rights of Rastas to religious freedom, given the centrality of cannabis to Rastafarianism.
Secretary General of Rasta United Front (RUF) of Botswana Selekanyo Masunga, aka Ras Sly, bemoaned the fact that cultivation would receive the green light under licence but recreational use remain off limits, in an interview with Cannabiz Africa a few weeks ago.
#
