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‘African Policymakers Need to Overhaul Existing Cannabis Laws in Favour of More Inclusive Legislation’
African policymakers in country’s allowing cannabis cultivation should re-evaluate existing cannabis laws as they are disproportionately repressive and largely ineffective. A new report says that to be effective, new cannabis laws need to be inclusive by actively seeking the input of cannabis stakeholders.
Cannabiz Africa
13 August 2024 at 09:00:00
Current African cannabis policies are not working in those countries that have legalized some form of use of the plant. Lawmakers need to re-evaluate existing cannabis legislation in these jurisdictions as they are out of touch with reality and that new laws should to be inclusive of the needs of traditional cannabis stakeholders.
These are the core recommendations of the Cannabis Africana Drugs and Development in Africa project, an international collaboration between the Universities of Bristol and Cape Town, that released a briefing on its West African research in July 2024.
The project aim is to” develop a deeper understanding of cannabis in Africa, focusing not only on its ‘traditional’ uses, but on its contemporary growth as an economic cash crop and source of livelihoods in a global context where drug policy is in flux”.
Researchers conducted a workshop in Ghana last year in which the views of cannabis stakeholders were solicited. This formed the basis of the briefing update published in July 2024.
They found that participation in the illegal cannabis value chain was a means of livelihood for many poor people in West and southern Africa. The report highlighted the fact that illicit cannabis often generated more income than legitimate crops and helped rural families meet their basic needs in a deteriorating economic climate.
The report warned that prohibition encouraged corruption amongst law enforcement officials and that extortion could fuel violence. It also warned against the “corporate capture” of newly legalised cannabis markets, and that legislators needed to promote the interests of small producers at every stage of the legal process and its implementation.
The report recommended that: “Policymakers and advocates should favour cannabis policies based on public health and sustainable development goals over repressive law enforcement, especially when dealing with illicit cannabis production and trade, and when supporting cannabis users in need of drug treatment.”
Key Findings
Cannabis production, transportation, trade and consumption, is a means of livelihood for many local people amidst economic hardship and declining conditions of living in West and Southern African countries.
Illicit cannabis often generates more income for local producers than legitimate crops (e.g. cocoa), and helps them meet basic needs (e.g. food, shelter, children’s education) and supports their family and relatives.
Prohibition has negative effects on the livelihoods of local cannabis producers and traders, including perpetuating stigma and marginalisation, and enabling extortion and violence by law enforcement officers.
Regulation is supported by many local people as a way to combat stigma and make cannabis production and trade more legitimate, but concerns exist about exclusion and inequities linked to ineffective regulatory systems and corporate dominance.
The discussions at the Accra workshop also highlighted the need for inclusion and equity in emergence of legal cannabis markets through adoption of regulatory frameworks that protect the market from corporate capture (i.e., legal cannabis mainly benefitting large corporations), and ensure the participation of local producers.
Collaboration is critical between academia and civil society in the production of knowledge on cannabis, including research that informs and guides policy development and implementation.
Policy Recommendations
Legislators and policymakers should reevaluate existing laws on cannabis, as they are disproportionately repressive and largely ineffective. To be effective, the reformulation of law needs to be inclusive, i.e. actively involve different stakeholders especially cannabis market insiders, advocates and researchers.
Legislators, policymakers and advocates need to recognise the socio-cultural and livelihood significance of cannabis for local people. They also need to understand that illicit cannabis markets will not diminish unless policy reforms are responsive to local concerns.
Legislators and policymakers need to recognise the real dangers of corporate capture of newly legalised cannabis markets, and they need to promote the interests of small producers at every stage of the legal process and its implementation (e.g. through the formation of small producer cooperatives).
Policymakers and advocates should favour cannabis policies based on public health and sustainable development goals over repressive law enforcement, especially when dealing with illicit cannabis production and trade, and when supporting cannabis users in need of drug treatment.
Policymakers, advocates, the media, educators and researchers need to make stronger efforts to work together and represent cannabis use, trade and production in a more balanced manner, especially by giving voice to people who use cannabis as well as producers and traders making a livelihood from cannabis.
Background to the Cannabis Africana Project
African countries have seen major shifts in cannabis policy in recent years. Countries, such as Ghana and Zimbabwe, have lifted some criminal sanctions and created legal markets for medicinal and industrial uses, while South Africa has also legalised the private production for personal use. Elsewhere, including Nigeria and Kenya, cannabis prohibition remains in place, though debate about such policy has grown strong. These shifts are in line with reforms in other parts of the world, yet cannabis and policy in Africa has important and understudied local dynamics.
· The ‘Cannabis Africana: Drugs and Development in Africa’ research project, based at the Universities of Bristol and Cape Town, studies the impact of changing policies and what they mean for the rights and lives of people in the cannabis trade. It is the first empirical study to examine the nexus between cannabis, cannabis policy and livelihoods across four African countries, as well as in the wider regional context.
The project draws on newly gathered empirical data in Nigeria, Kenya and South Africa and examines the historical and contemporary place of cannabis in African rural and urban settings. It is funded by the UK Economic and Social Research Council (ESRC) and the Arts and Humanities Research Council (AHRC).
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