Cannabis: The Billion Dollar Industry and Nigerian Legislation.

The first proper legislation concerning the cultivation, trafficking and abuse of Cannabis in Nigeria is the 1935 Dangerous Drugs Act. Also known as ‘the DDA’, the Act defines Indian hemp as

i. ANY PLANT OR PART OF A PLANT OF THE GENUS CANNABIS; or

ii. the separate resin, whether crude or purified, obtained from any part of the genus cannabis; or

iii. any preparation containing any such resin, by whatever name that plant, part, resin, the preparation may be called;

It makes provision for licensed importers of cannabis from other countries to be issued a Nigerian export license. According to the DDA, the President has the sole authority to make further directives and injunctions concerning the control, possession, production, transit, importation, exportation, sale and distribution of cannabis.

Fast forward 31years, in comes the 1966 Indian Hemp Decree or Indian Hemp Act (IHA). This Federal legislation also allows for the lawful importation, possession and sale of ‘any medical preparation of cannabis’ that adheres to DDA guidelines. However, it portrays the planting, cultivation and export of the entire plant genus as a criminal offence with a punishment of either death or imprisonment for at least twenty-one years upon conviction. Under this singular act, the production or use of Indian hemp in Nigeria for toilet paper, for example, can be labelled unlawful and a punishable offence.

The Nigerian Drug Law Enforcement Agency (NDLEA) established in 1989 was amended in 2004 to what is now known as the CapN30 Laws of the Federation 2004 AKA NDLEA Act. This amendment spells out a life-in-prison sentence for anyone convicted of cultivating cannabis for narcotic drugs without the proper authority unless the accused can prove otherwise. The National Agency for Food and Drug Administration and Control (NAFDAC) has almost parallel responsibilities in the 2004 Cap N1 Laws of the Federation of Nigeria (LFN) which lists its duties including issuing standard import and export certifications for narcotic drugs and psychotropic substances as well as strictly limiting the use of such narcotics to medical and scientific motives.

Hemp, Indian hemp and Cannabis – Are they the same thing?

Ask the average Nigerian this question, and he/she will confirm with all certainty that hemp, Indian hemp and cannabis are the different names for the same plant. While there may be some truth to this assertion, it is not the whole truth.

The hemp family, scientifically referred to as Cannabaceae, has at least 170 species classified into about 11 genera; cannabis is one. Cannabis has three main subspecies:

a. Cannabis sativa or Hemp or Indian hemp or Hemp Dogbane – its seed, fibre, milk, juice and roots are very useful for industrial production. Hemp fibre is a raw material for bioplastics, bags, mats, artificial sponges, burlap sacks and cordage i.e. yarn, string, twine, rope etc. Its milk is an alternative to dairy and its juice is useful to make rubber. The edible seeds are rich in protein, fibre and magnesium, fit for human and bird consumption. Its seeds are a great source of oils used in the production of paint soap and edible oil. Hemp roots are useful in the production of some heart medication.

b. Cannabis Indica or Marijuana or medical marijuana – Since 2700 BCE, marijuana leaves and flowers have been useful for analgesics, antibiotics, antidepressants, anaesthetics and sedatives. It can be administered internally as a medical drug or externally as a balm or as smoke/vapour.

c. Cannabis ruderalis.

Some scientists even include a 4^th subspecies Cannabis afghanica but, in this article, the focus will be on C. sativa and C. indica. The major difference between the subspecies is the level of the tetrahydrocannnabinol AKA THC contained. THC, the active psychotropic chemical in the cannabis genus, that can cause mild euphoria, paranoia/hallucinations and stunted mental and physical coordination which may be psychologically habituating. The amount of THC in hemp is much lower than that of marijuana. All hemp subspecies descend from the same ancestor but have different chemical compositions (chemotype) that ultimately influence their functionality.

What does this mean for potential hemp businesses?

Going by the definition of hemp in Nigerian legislation, the stipulations in the DDA, as well as the amended Acts of NDLEA and NAFDAC, licenses for the cultivation, sale, importation and exportation of cannabis, can be issued without any concerns or restrictions for its end-use. This should be great news for investors and farmers, but there is a hitch in the 1966 Indian Hemp Act. The IHA only allows the commercial production and distribution of hemp for medical purposes. All contrary uses are criminal offences that attract hefty prison sentences. How can two seemingly opposing legislations exist on the same matter?

This inconsistency poses a challenge to individuals and entities interested in scaling the hemp industry in Nigeria, which still employs traditional methods and uses. Even with express approvals in the IHA, cultivation and distribution of hemp for medical purposes is insignificant. Germany, Canada, Uruguay, Lesotho, Uganda and Zimbabwe are among the few countries with clear, national legal structures for the production and distribution of cannabis. The current demand greatly exceeds supply, so these nations are making bank. According to Grand View Research, Inc., the forecast for the global legal marijuana market size is 73.6 Billion US Dollars by 2027. This figure does not account for the global, illegal production and distribution that is an even more lucrative industry.

Recommendations

Hemp is a versatile crop that can provide the much-needed diversification for the Nigerian economy that will ensure job and wealth creation for the Nigerian citizens to attract higher foreign exchange earnings.

Understandably, the government is trying to fulfil its responsibility of protecting its citizenry from the misuse of medical marijuana but, a product that must factor in significant legal and logistical challenges will have problems creating a viable market for distribution.

Nigerian policymakers must, first of all, recognise the booming industry in Indian hemp. Secondly, priority must be given to implementing modern, up-to-date legislation that represents an enabling marketplace for farmers and investors to thrive under clear regulations.

Notable leaders have spoken on the importance of hemp cultivation:

"Make the most of the Indian hemp seed. The hemp may be sown anywhere” – George Washington.

"Hemp is of first necessity to the wealth and protection of the country” – Thomas Jefferson.

“We shall, by and by, want a world of hemp more for our own consumption” – US President, John Adams.

These words are even more relevant in our time, where sustainable development is a global goal. The hemp plant has the potential for medicinal value; environmental protection through sustainable cultivation and product fibres; and enormous economic growth from the sale and export of the plant and its products.

The time to act is now. The future waits.