Police Destroy Eight-Acre Indian Hemp Farm in Volta Region

Police in Ghana's Volta Region recently destroyed an eight-acre Indian hemp plantation, underscoring the nation's continued stringent enforcement against illicit cannabis cultivation. This operation highlights the critical distinction between illegal high-THC cannabis and the legally permissible, but strictly regulated, cultivation of low-THC cannabis (hemp) for industrial and medicinal purposes under the Narcotics Control Commission Act, 2020 (Act 1019), as amended. Despite recent legislative reforms aimed at harnessing the economic potential of industrial hemp, unauthorized cultivation of cannabis remains a serious felony in Ghana, attracting significant penalties and robust law enforcement action.

In a decisive move against illicit drug production, a team of police officers from the Volta Regional Command recently destroyed an extensive eight-acre Indian hemp plantation at Peki-Dzake in the South Dayi District. This significant operation, reported by AllAfrica Ghana, serves as a stark reminder of Ghana's unwavering commitment to combating illegal narcotics, even as the country navigates a complex and evolving legal landscape surrounding cannabis. The destruction of such a large-scale farm signals that, despite recent legislative amendments, the cultivation of high-THC cannabis without proper authorization remains a high-priority target for law enforcement agencies. This article delves into the legal framework governing cannabis in Ghana, examining the powers of the police in such operations, the implications for cultivators, and the critical distinctions practitioners must understand in light of the Narcotics Control Commission Act, 2020 (Act 1019), as amended.

Historically, cannabis cultivation, possession, and trafficking in Ghana were governed by the stringent Narcotic Drugs (Control, Enforcement, and Sanctions) Law, 1990 (PNDC Law 236), which imposed severe penalties, including lengthy imprisonment and, in some cases, even the death penalty for serious drug trafficking offenses. This legal regime classified cannabis as a narcotic drug, making any unauthorized activity involving it illegal. A significant shift occurred with the enactment of the Narcotics Control Commission Act, 2020 (Act 1019), which repealed PNDC Law 236. Act 1019 introduced a nuanced approach, notably through its controversial Section 43, which initially allowed the Minister for the Interior, upon the recommendation of the Narcotics Control Commission (NACOC), to grant licenses for the cultivation of cannabis with a tetrahydrocannabinol (THC) content not exceeding 0.3% on a dry weight basis, specifically for industrial or medicinal purposes.

However, the implementation of this provision faced a significant legal challenge. In July 2022, the Supreme Court, in the case of *Ezuame Mannan v. Attorney-General and Speaker of Parliament*, declared Section 43 of Act 1019 unconstitutional. The apex court's majority decision found that the section had been passed without due parliamentary process, specifically citing a lack of debate as stipulated by Article 106 of the 1992 Constitution. This ruling temporarily halted efforts to regulate industrial hemp cultivation. Following this, Parliament re-enacted the provision through the Narcotics Control Commission (Amendment) Act, 2023 (Act 1100), and subsequently, the Narcotics Control Commission (Cultivation and Management of Cannabis) Regulations, 2023 (L.I 2475) were introduced to provide a comprehensive regulatory framework for licensed cultivation. It is crucial to note that despite these legislative developments, recreational cannabis use and the cultivation of high-THC cannabis without a license remain strictly prohibited under Ghanaian law.

The recent destruction of the eight-acre Indian hemp farm in the Volta Region is a clear demonstration of the Ghana Police Service's continued mandate and resolve to enforce the nation's drug laws. The operation, carried out by the Command's Drug Law Enforcement Unit (DLEU) following intelligence, highlights that any cultivation of cannabis outside the strict licensing regime established by the Narcotics Control Commission Act, 2020 (Act 1019), as amended, is illegal and subject to immediate and decisive action. The term “Indian hemp” typically refers to cannabis strains with higher THC content, which are explicitly excluded from the permissible industrial and medicinal cultivation framework.

Under the current legal framework, unlicensed cultivation of cannabis remains a felony. While Act 1019 softened some penalties compared to its predecessor, PNDC Law 236, cultivation outside a license still carries a significant prison sentence of five to ten years. This contrasts sharply with the potential for up to 25 years or even the death penalty under the old law. The police are empowered to conduct intelligence-led operations, destroy illicit farms, and arrest individuals involved in the cultivation, distribution, and trafficking of narcotic substances. In similar recent operations, suspects have been arrested and are expected to face prosecution, underscoring the personal legal risks associated with such activities.

It is imperative for legal practitioners and the public to understand the critical distinction between illicit cannabis and the regulated low-THC industrial cannabis. The Narcotics Control Commission (Amendment) Act, 2023 (Act 1100), and the Narcotics Control Commission (Cultivation and Management of Cannabis) Regulations, 2023 (L.I 2475), specifically permit the cultivation of cannabis with not more than 0.3% THC content for industrial purposes (e.g., fibre or seed) or medicinal purposes, strictly excluding recreational use. The Narcotics Control Commission (NACOC) has recently commenced the issuance of licenses for these specific purposes, following the launch of the national licensing regime in March 2026. However, this new regime is already facing legal challenges, including a Supreme Court suit questioning the constitutionality of the licensing fees and entry requirements, which some argue may exclude small-scale farmers. This ongoing legal and regulatory evolution means that any cannabis cultivation without explicit, valid licensing for low-THC varieties remains unequivocally illegal and subject to severe penalties.

The destruction of the eight-acre Indian hemp farm in the Volta Region serves as a powerful affirmation of Ghana's zero-tolerance policy towards illicit drug cultivation. For legal practitioners, this incident underscores the critical importance of understanding the nuanced and evolving legal landscape surrounding cannabis in Ghana. While the Narcotics Control Commission Act, 2020 (Act 1019), as amended by Act 1100, and its accompanying Regulations (L.I 2475) have opened a pathway for the licensed cultivation of low-THC cannabis for industrial and medicinal purposes, the cultivation of high-THC cannabis or any cannabis without proper authorization remains a serious criminal offense with significant penalties.

Practitioners advising clients on agricultural ventures or drug-related offenses must emphasize the strict regulatory requirements for cannabis cultivation, including the THC content limits and the necessity of obtaining a license from NACOC. The ongoing enforcement actions by the police and NACOC demonstrate that the state is actively monitoring and suppressing illegal operations. Clients considering any involvement in the cannabis sector must conduct thorough due diligence, ensure full compliance with the licensing framework, and be aware of the severe legal consequences for non-compliance. The legal environment, particularly concerning the new licensing fees, remains subject to judicial review, making it crucial for legal professionals to stay abreast of all developments to provide accurate and timely advice.