The Supreme Court has reaffirmed its decision to remove provisions from the Narcotic Control Commission Act that permitted the cultivation of specific types of cannabis for medicinal and industrial purposes.
The Attorney General’s office filed a review application, but it was rejected by a 5-4 majority decision.
Previously, the Supreme Court ruled in favor of an applicant who utilized the court’s original jurisdiction to challenge the provision, which was enacted in violation of Article 106 of the 1992 constitution.
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The applicant argued that the provision was introduced without the required explanatory memorandum, as mandated by law. The Supreme Court, after evaluating the review application, dismissed it for not meeting the necessary criteria.
In July of the previous year, the Supreme Court struck down Section 43 of the Narcotics Control Commission Act 2020 (Act 1019), deeming it unconstitutional.
Section 43 of Act 1019 allowed the Minister of the Interior, based on the recommendation of the Narcotics Control Commission (NACOC), to grant licenses for the cultivation of cannabis with a maximum Tetrahydrocannabinol (THC) content of 0.3% for medicinal and industrial purposes.
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The court determined that the law was unconstitutional because it had not undergone the required parliamentary debate as outlined in Article 106 (5) (6) of the 1992 Constitution. Additionally, the Supreme Court found that the explanatory memorandum accompanying the bill presented to Parliament did not adequately outline the policy change, the shortcomings of existing legislation, and the necessity of introducing a law to regulate the cultivation of cannabis.
This omission was considered a violation of Article 106 (2) of the 1992 Constitution.
