Regulated Legalization of Cannabis through Positive Human Rights Obligations and Inter se Treaty Modification

Kempen, P.H.P.H.M.C. van; Fedorova, M.I.

doi:10.1163/18719732-12341386

Cited by 2 publications

(1 citation statement)

References 1 publication

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Legalisation of cannabis has been found to promote human rights, as it offers better opportunities for states to protect human rights interests (Aditya and Al-Fatih, 2022; van Kempen and Fedorova, 2018) and reduced stigmatisation of persons with substance use disorders (Reid, 2020). Legalising cannabis has also been found to lower property crime rates (Donovan, 2021).…”

Section: Other Reasons For Legalising Cannabismentioning

confidence: 99%

Implications of legalisation of cannabis cultivation in Ghana: a critical review

Agboli

2023

DHS

View full text Add to dashboard Cite

Purpose Following the trend in the world over and on the African continent, the Parliament of Ghana passed a new law in 2020, the Narcotics Control Commission Act (Act 1019) that eased the legal restrictions on cannabis cultivation and use, subject to obtaining license from the relevant authority/authorities. This paper aims to examine the implications of Ghana’s decision to legalise the cultivation of cannabis for industrial purposes for the production of fibre and for medicinal purposes. Design/methodology/approach The author adopted the qualitative analysis critical review methodology in sourcing information from peer-reviewed articles, coupled with the author’s own professional knowledge, background and training, to critically analyse and review the reasons behind Ghana’s decision to legalise cannabis cultivation and the implications such a major policy change/shift. Findings It was found that, while the law mentions industrial and medicinal purposes for the legalisation of cannabis, the real reason, at least in the immediate term, is mainly economic. This agrees with those of other African countries that have legalised cannabis cultivation but appears to contrast with those of Europe and America. Research limitations/implications This research is limited to Ghana and the few African countries that have legalised cannabis cultivation so far. The main reason for the legalisation (economic benefits) may also change in the future when the economics of scale turn in the favour of the country. Therefore, Ghana’s case may not represent the case of all countries legalising cannabis cultivation. Practical implications The research implication of this paper is that it brings to the world the law on cannabis cultivation in Ghana. It provides a professional and scientific position paper on Ghana’s drug law regime regarding cannabis, thus, serving as a useful reference literature to the academic and research community on the topic. More importantly, it discusses the implications of such major policy change from an objective perspective, unravelling the real reason behind the State’s decision to legalise the cultivation of cannabis in Ghana. Social implications This paper will bring to the fore the other consequences of Ghana’s cannabis cultivation legalisation policy change, which little attention has been devoted to so far. Originality/value This paper, apart from reference to other published texts on the topic, which have been duly acknowledged, represents the sole work of the author. It has not been produced anywhere or by anyone else either in Ghana or elsewhere.

show abstract

Section: Other Reasons For Legalising Cannabismentioning

confidence: 99%

Implications of legalisation of cannabis cultivation in Ghana: a critical review

Agboli

2023

DHS

View full text Add to dashboard Cite

show abstract

Regulating Drugs: Resolving Conflicts with the UN Drug Control Treaty System

Walsh

Jelsma²

2019

Journal of Illicit Economies and Development

View full text Add to dashboard Cite

There are good reasons to legally regulate drugs markets, rather than persist with efforts to ban all non-medical uses of psychoactive substances. Regulated cannabis and coca markets are already a reality in several countries, with more likely to follow. But ignoring or denying that such policy shifts contravene certain obligations under the UN drug control treaties is untenable and risks undermining basic principles of international law. States enacting cannabis regulation must find a way to align their reforms with their international obligations. Reaching a new global consensus to amend the UN drug control conventions so as to accommodate cannabis regulation is not feasible for the foreseeable future, and the options that do not require consensus are limited. For countries choosing to regulate cannabis, notwithstanding the drug treaty provisions intended to disallow such a step, a proactive way forward would combine: (1) providing evidence of the ineffectiveness and negative consequences of the prohibitionist approach; (2) underscoring the inconsistencies and historical errors embedded in the treaty regime, and the political and procedural obstacles to its modernization; (3) explaining the shift to regulation with arguments of citizens' health and safety, and justifying it with an appeal to human rights obligations; (4) acknowledging that regulation contravenes certain drug treaty provisions and arguing that a limited period of 'respectful non-compliance' is unavoidable; and (5) preparing to resolve the legal conflict by submitting new reservations or by elaborating a new agreement among like-minded countries on the basis of the inter se procedure for treaty modification, as provided by Article 41 of the 1969 Vienna Convention on the Law of Treaties.

show abstract

Regulated Legalization of Cannabis through Positive Human Rights Obligations and Inter se Treaty Modification

Cited by 2 publications

References 1 publication

Implications of legalisation of cannabis cultivation in Ghana: a critical review

Implications of legalisation of cannabis cultivation in Ghana: a critical review

Regulating Drugs: Resolving Conflicts with the UN Drug Control Treaty System

Contact Info

Product

Resources

About