House Of Reps Steps Down Bill To Legalize Cultivation, Use Of Cannabis For Commercial Purpose

By Akinwale Kasali

The House of Representatives has stepped down the Bill to decriminalize the cultivation, use and sale of Cannabis for commercial purposes.

At Plenary Thursday, 23rd March, 2023, the Bill was criticized during the Second Reading by most members  including Speaker of the House, Femi Gbajabiamila.

The criticisms against the proposal forced the sponsors to demand that it should be stepped down for review, a prayer that the lawmakers unanimously granted.

The sponsors had clashed on Wednesday over the proposed legislation.

Benjamin Kalu and Olumide Osoba, had sponsored separate bills seeking to amend the National Drug Law Enforcement Agency Act, to expand the scope of the anti-narcotics agency to issue licences for the cultivation, sale and use of weed.

The proposed pieces of legislation were harmonised and titled, ‘A Bill for an Act to Amend the National Drug Law Enforcement Agency Act, Cap. N30, Laws of the Federation of Nigeria, 2004 to Confer Additional Responsibility of the Power to Grant and Revoke Licences for the Cultivation of Cannabis (or Any of Its Three Species, Namely Cannabis Sativa, Cannabis Indicia and Cannabis Ruderalis) Plant for Medicinal Purposes; and for Related Matters.’

However, when the bill was up for second reading at the plenary on Wednesday, another member of the House, Miriam Onuoha, protested that the content of the bill was the same as hers.

The Cannabis Control Bill, 2020, sponsored by Onuoha, is titled, ‘A Bill for an Act to Regulate the Cultivation, Possession, Availability and Trade of Cannabis for Medical and Research Use, and Related Purposes.’

The Speaker had, in his ruling, asked both sides to liaise with the Chairman of the House Committee on Rules and Business, Abubakar Fulata, to identify the differences and similarities between the bills ahead of sitting on Thursday.

On Thursday, the two bills, which had different titles, were harmonised.

While Kalu and Osoba maintained the same title, Onuoha’s was titled, ‘A Bill for an Act to Decriminalise the Growth and Use of Cannabis, to Establish a System for the Registration and licensing of Cannabis Growers, Users, Control to legalise the Growth, Sale and use of Cannabis and set out a Legal Framework for the Registration and Licensing of Cannabis Growers and Producers in Nigeria; and for Related Matters.’

Those who spoke against it, especially the Deputy Speaker, Ahmed Wase, and Majority Whip, Mohammed Monguno, condemned its proposed decriminalisation.

Gbajabiamila, who presided over the session and had defended the proposal, noted that it must have been opposed due to the word ‘decriminalise’ in the title of the bill, which he said was not there earlier on Wednesday.

While Kalu and Onuoha were unanimous on the call for the bill’s withdrawal, the former noted blamed the rejection on the harmonisation of the bills, noting that they would be represented separately after a review.

It would be recalled that the Presidential of Action Alliance Congress, AAC, Omoyele Sowore had promised that if he becomes the President of the Country, he would legalize the cultivation and usage of Cannabis also known as Marijuana for Commercial Purpose.

Also, Ondo State Governor, Oluwarotimi Akeredolu had backed the cultivation and usage of Cannabis for commercial purposes saying it would boost yeh economic fortunes of the country.

On January 7th, 2021, it was proposed at the House that there should be a legalisation of cultivation and trading in cannabis, also known as hemp and marijuana, for medical and cosmetic use, research purposes as well as revenue generation for Nigeria.

If the bill becomes law, hospitals and doctors will be allowed to prescribe doses of cannabis for the treatment of patients, while pharmacies and stores will be allowed to sell the drug.

The proposed law, however, sets conditions for the cultivation, buying, selling and consumption of the drug.

In the bill, Onuoha said the objectives of bill, among others, include providing for the “regulation of the cultivation, possession, processing, availability and trade of cannabis for medicinal and researching purposes.”

The proposed law will also provide for “registration and licensing system for cannabis farmers and processors; regulate the cultivation, processing, availability and trade of cannabis for medical purposes; and promote public awareness about the cultivation, processing, availability and trade of cannabis for medicinal and research purposes and its use in relation to medical or health purpose.”

The relevant agencies will be empowered to “regulate the growth and use of cannabis; register cannabis growers and users; issue licences to cannabis growers, processors producers, manufacturers and users; and develop awareness programs on the growth and use of cannabis.”