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Cannabis and Cannabinoid Research

Volume 7, Number 3, 2022


ª Mary Ann Liebert, Inc.
DOI: 10.1089/can.2021.0110

REVIEWS

Status and Impacts of Recreational and Medicinal


Cannabis Policies in Africa:
A Systematic Review and Thematic Analysis
of Published and ‘‘Gray’’ Literature
Chenai Kitchen,1–4 John Alimamy Kabba,1–4 and Yu Fang1–4,*

Abstract
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Background: Despite cannabis’s societal ubiquity, several African states remain traditional prohibitionists. However,
cannabis is becoming a more explored frontier from a health, human rights, and monetary perspective. A number of
African countries have taken to tailoring their policies to better engage in emerging global dialogs. Nevertheless, the
focus is majorly on the crop’s financial appeal with less consideration on impacts of policies. This review aimed to
specifically focus on the identification of existing or pending policies, indicating national positioning in terms of rec-
reational and medicinal cannabis use and summarizing publications addressing related impacts in Africa.
Methods: We systematically searched six academic research databases (including Google Scholar), Google,
country specific websites, and websites of relevant organizations. Included publications were in English and pub-
lished between January 1, 2000, and November 31, 2020 (with exception granted to official legislation not in
English and/or published earlier than 2000, but still in effect). Reference lists of included publications were
screened for potentially relevant publications. Results were synthesized thematically and descriptively.
Results: Cannabis is Africa’s most consumed illegal substance, its use entrenched in social, political, historical,
economic, and medicinal ties. African users constitute a third of the worldly total and cultivation is a major ac-
tivity. Policies have led to prison overcrowding, accelerated environmental damage, and sourced regional insta-
bility. South Africa, Seychelles, and Ghana have decriminalized personal use with Egypt and Mozambique
exploring similar legislation. Eleven countries have existing or pending medicinal cannabis-specific provisions.
South Africa and Seychelles stand out as having regulations for patients to access medicinal cannabis. Other
countries have made provisions geared toward creating export markets and economic diversification.
Conclusion: Cannabis policy is a composite and complex issue. Official stances taken are based on long with-
standing narratives and characterized by a range of contributing factors. Policy changes based on modern trends
should include larger studies of previous policy impacts and future-oriented analysis of country-level goals incor-
porated with a greater understanding of public opinion.
Keywords: cannabis; policy; Africa; recreational cannabis; medicinal cannabis

Introduction and traded illegal drug.2 Originating over 12,000 years


Cannabis is defined as ‘‘all parts of the plant Cannabis ago from Asia, years of intracontinental trade and its
sativa L. (Cannabaceae); the seeds; extracted resin; and many properties led to ubiquity.3
every compound, manufacture, salt, derivative, mix- Indigenous use dates back to 14th century Ethiopia,4
ture, or preparation of such plant, its seeds or resin.’’1 with its arrival as a commodity.5 Use garnered popular-
By weight and value, it is the most widely consumed ity in, inter alia, cultural and medicinal practices,
1
Department of Pharmacy Administration and Clinical Pharmacy, School of Pharmacy, Xi’an Jiaotong University, Xi’an, China.
2
Centre for Drug Safety and Policy Research, Xi’an Jiaotong University, Xi’an, China.
3
Shaanxi Center for Health Reform and Development Research, Xi’an, China.
4
Research Institute for Drug Safety and Monitoring, Institute of Pharmaceutical Science and Technology, China’s Western Technological Innovation Harbor, Xi’an, China.

*Address correspondence to: Yu Fang, PhD, Department of Pharmacy Administration and Clinical Pharmacy, School of Pharmacy, Xi’an Jiaotong University, No. 76 Yanta
West Road, Xi’an 710061, China, E-mail: yufang@mail.xjtu.edu.cn

239
240 KITCHEN ET AL.

including by Congo’s Aka forest-forager group as a hel- Search strategy


minthic (worm infection) protectant,6,7 by Sierra Leo- Academic research database search. Publication re-
nean midwives as anesthesia,4 and by warriors and trieval included structured queries in five literature da-
Southern African healers (Sangomas).2 tabases (African Journals Online, EBSCO, ProQuest,
During the introduction of colonialism (1870s– Scopus, and Web of Science) from 2000 up to and
1890s), cannabis was legal. However, colonial gov- including November 2020. Google Scholar was addi-
ernments reduced production8 to curb diversion from tionally searched for the first 100 references as sorted
state generating activities (e.g., copal production) and by relevance. Free-text key terms and medical subject
promote the European mission of ‘‘civilizing’’ natives,6,9 headings (MeSH terms) were incorporated and tailored
leading to enactment of racialized policies to strengthen to each database (Supplementary File S1). To ensure
authoritarianism.5 In the early 20th century, medicinal inclusivity of up-to-date results, searching was conduc-
use also began to fall out of favor as Western medicine ted first in July 2020 and rerun in November 2020.
began to focus on isolated chemical entities and interna-
tional prohibitions soon followed.10 Gray literature search
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The Geneva Convention on Opium and Other Google extraction. We used customized searches and
Drugs (1925) first outlawed cannabis in many colo- relevancy ranking to identify publications. The first
nies.7 By the mid-20th century, liberation movements 10 pages of each search (representing 100 results) were
brought about new governments, but independent na- reviewed, using title and short-text underneath (Sup-
tions inherited colonial-era laws, due to international plementary File S2).
agreements and elitist control,8 and in some instances,
more stringent measures have been enacted.11 Govern- Targeted browsing of relevant organizations. Using a
ments have shown varying levels of tolerance, notably, variety of keywords, we searched websites of country-
Morocco’s lax position draws from past contexts.12 specific organizations (government, health organiza-
Cannabis is restricted to medical and scientific use tions, universities, etc.) for relevant works. Google
under Schedule I and IV of the United Nations’ Single search was first conducted to identify relevant orga-
Convention on Narcotic Drugs (1961).13 However, af- nizations, including the United Nations Office on
fairs concerning cannabis are nationally regulated. Drugs and Crime (UNODC), The World Health
Drug policies include supply reduction, access, cultiva- Organization (List of Globally identified Websites of
tion, and treatment aspects. African nations are tradi- Medicines Regulatory Authorities14), and International
tionally prohibitionists; however, the wave of global Drug Policy Consortium.
shifting sentiments has been influential. Emphasizing This process was conducted through (1) Website-
on policy redefinition, cannabis is becoming a more Searching: using search bars and keywords, (2) Website-
explored frontier from a health and human rights per- Browsing: homepages were searched for information
spective and as a pharmaceutical entity. using selection menus, directories, and links, and (3)
There exists a gap in research on African cannabis Country specific website-browsing: browsing of official
policies, thereby making implementation of future websites of national authorities (Supplementary File S3).
evidence-based policy regulating use challenging. This
study did not aim to provide insight of all afore- Definition of legislation
mentioned aspects, but specifically focus on the iden- For a more comprehensive review, a liberal definition
tification of existing or pending policies, indicating of legislation was adopted, which we defined as any
national positioning in terms of recreational and me- government documentation making reference to the
dicinal cannabis use and summarizing publications status of cannabis for a defined region.
addressing related impacts in Africa.
Eligibility criteria
Methods Inclusion extended to United Nations (UN) fully rec-
This review follows the Preferred Reporting Items ognized sovereign African states, with nonsovereign
for Systematic Reviews and Meta-Analyses guide- states and disputed territories excluded. Publication
lines. The protocol is uploaded on the International inclusion applied to peer-reviewed materials (articles,
Prospective Register of Systematic Reviews chapters, etc.) and gray literature works (reports, policy
(CRD42020211723). literature, web articles, dissertations, etc.) exploring
AFRICA CANNABIS POLICY STATUS AND IMPACT 241

policies or impact. Results were restricted to English tion credentials); Accuracy: spelling or grammatical er-
language works published between January 1, 2000, rors; Currency: date of creation or last updated;
and November 31, 2020, with exceptions made for Objectivity: factual information presentation; Signifi-
non-English legislation (whereby in such cases, the cance: existing relevance of information; and Credibil-
Google Translate feature was used to extract informa- ity: references given to support information.16
tion) and/or in effect legislation published before Inclusion disputes concerning a source were moder-
2000. A snowball strategy was also employed to further ated by a second evaluation by reviewers or, if neces-
identify material. sary, through a third reviewer.
Data retrieval and analysis were undertaken con-
Data extraction and synthesis comitantly during data extraction and further refined
Search terms and number of results retrieved and during the inclusion process. Data were pooled by way
screened from each search strategy were recorded. Pub- of thematic narrative analysis into broad groupings.
lications meeting the preliminary inclusion criteria A meta-analysis was out of this study’s capacity
were indexed in a citation manager. Two authors in- due to limited quantitative data and the diversity of
dependently reviewed titles and abstracts to identify
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publications.
relevant articles following duplicates removal. In the
event of unavailable or inadequately detailed abstracts, Analytical framework
publications were screened in their entirety. We used The main study question, that is, ‘‘What is the current
a fit-for-purpose quality criteria to select meaning- status of formal cannabis policy and their impacts in
ful gray materials.15 Africa?’’ was approached through identification of can-
Using Tyndall’s ‘‘Checklist of Appraising Grey Liter- nabis policies and related impacts. A framework, adap-
ature’’ principles, each reviewer scrutinized gray litera- ted by van het Loo et al.,17 was expanded and adjusted
ture in terms of Reputability: website domain and to the study focus (Fig. 1). The original framework pre-
content creator information (individual or organiza- sented the primary goal of cannabis policy as

FIG. 1. Analytical framework.


242 KITCHEN ET AL.

‘‘controlling consumption and channeling conse- Arab Democratic Republic and Somaliland, were ex-
quences’’; to this, we included ‘‘providing regulated ac- cluded due to no UN recognition. We retrieved 1183
cess to medicinal products.’’ This is because some records (740 from literature databases and 443 from
policies do not solely aim to reduce use, but also create gray literature searches). After removal of 231 dupli-
regulated markets for cultivation and sale. Our restruc- cates, 952 records were initially screened. Texts of
turing presents medicinal and recreational policies as 305 records were fully screened.
subcategories to enable us to cover the entire debate. Totally, 208 records (20 from academic research da-
We also focused on providing an overview of direct tabases, 163 from gray literature searches, and 25 from
(seizures, arrests, health effects, etc.18) and indirect im- snowballing) fulfilled the eligibility criteria for inclu-
pacts. Given the intricacies of assessing health effects, sion (Fig. 2). Scholarly databases identified 20 publica-
we did not provide in-depth analysis of such content. tions, suggesting reliance on a singular strategy would
Indirect consequences range from political to social. have led to a less comprehensive review. A total of 14
In this study, we focused on social aspects, with refer- non-English documents (all government documents)
ences made to the environment due to Africa’s were found to be relevant and translated.
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agrarian-based image. The majority of publications were web articles


and legislation documents, both nearly constituting
Results a third of all publications (n = 63 [30%]). The most thor-
Description of search results ough strategy was Google extraction, identifying 116
Fifty-four fully recognized states (according to UN (55%) publications. East Africa was represented by
membership) were eligible to have their cannabis poli- 62 publications (29.8%) from 18 countries, West Africa
cies researched, while two disputed territories, Sahrawi 54 (26.0%) from 16, Southern Africa 38 (18.3%) from 5,

FIG. 2. The Preferred Reporting Items for Systematic Reviews and Meta-Analyses flow diagram.
AFRICA CANNABIS POLICY STATUS AND IMPACT 243

North Africa 28 (13.5%) from 6, Central Africa 12 (fines and treatment) are used is limited. Arrested indi-
(5.8%) from 9 and 14 (6.7%) composite publications viduals face lengthy detentions and are often neglec-
(Supplementary File S4). ted following conviction.30
Treatment, education, and rehabilitation facilities
Mapping of existing and pending policies are scarce, underfinanced, and non-existent in countries
All included countries are UN and African Group such as Sierra Leone and Liberia.30 In the former, 32
members. The drug control realm is governed by the mentally ill youths were arrested and sentenced to
UN Single Convention on Narcotic Drugs (1961), the prison in 2015 for possession due to the absence of fa-
Convention on Psychotropic Substances (1971), and cilities.30 Malian law grants treatment to convicted
the Convention against Illicit Traffic in Narcotic Drugs users, but fails to detail treatment guidelines.31 Burkina
and Psychotropic Substances (1988).19 Cannabis-related Faso’s Drug Code references therapeutic injunctions for
activities are prohibited in all Single Convention signa- users, but fails to assign accountable entities.32 The
tories states.20 Fifty-two African states are signatories Gambian government revealed construction plans in
to all conventions.13 As of 2019, 22 countries were 2020 for a cannabis rehabilitation center to fulfill legis-
lative provisions.33 Guinea,31 Eritrea,34 Ethiopia,35
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reported to have National Drug Control Plans or Strat-


egies21 to address local use, including Ethiopia,22 South Liberia,36 Morocco, Rwanda,29 Senegal,37 South
Africa,5,23 Mauritius,24 The Gambia,24 and Nigeria.25 Sudan, and Zimbabwe include regulations into penal
Cannabis policies were grouped as illegal (may refer legislation, setting precedence to criminalize users.
to illegal; illegal, but decriminalized and unregulated;
or illegal consumption, but legal cultivation), decrimi- Medicinal policies. According to the literature, seven
nalized (systems in which possession or use of any countries (Lesotho, Malawi, Rwanda, Seychelles, Sierra
amount is noncriminal or depending on amount pun- Leone, Zambia, and Zimbabwe) have made official me-
ishable by civil penalties), or legal (ranging from tech- dicinal cannabis-specific provisions and 4 countries
nically legal, but not legally available; legal, but no (Eswatini, Cameroon, Morocco, and South Africa)
formal access; or fully regulated with formal access)17,26 have pending legislation. Of the official legislation,
(Table 1). In all cases, reference is to personal con- provisions are mainly for medicinal cultivation for
sumption, unless otherwise stated. All data are current export. South Africa, Seychelles, and Malawi have
to end of November 2020. established medicinal cannabis programs for patients
to access medicinal cannabis.
Recreational policies. Of the 54 countries, we identified In 2017, Pharmaceutical Development Company
provisions for 46 countries. Provisions for Burundi, Ltd. became the first company in Lesotho and Africa,
Chad, Comoros, Congo, Democratic Republic of licensed to carry out legal cannabis activities.38,39 In
Congo (DRC), Equatorial Guinea, and Gabon and Eswatini, American company, Profile Solutions, stands
Sao Tome and Principe were not made accessible to become licensed to operate a medical cannabis facil-
through our method. Continentally, cannabis is illegal ity for a 10 year minimum.8
with the major differences seen in the degree of im- In Zimbabwe (March 2019), Precision Cannabis
posed sanctions, which, dependent upon country and Therapeutics was approved for a USD$46,000 cultiva-
circumstance, can be a fine and/or sentencing ranging tion license along with water rights to a dam40 and
from 2 months to death penalties. Ghana, Seychelles, partner companies Eco Equity, DutchGreenhouses,
and South Africa have decriminalized personal use, and Australian Delta Tetra were approved to construct
with South Africa allowing private cultivation. Egypt a medicinal cannabis greenhouse.41 Malawian compa-
and Mozambique have pending decriminalization leg- nies, Invegrow and IKAROS, are licensed producers
islature. of ‘‘organic’’ essential oils42 and hemp extracts.43 Holis-
Most countries lack independent bodies tasked with tic Relief Wellness and Pain Management Centre be-
policy implementation and data collection.25 Enforce- came the continent’s first dispensary offering infused
ment efforts are undertaken by a combination of Cannabidiol products,44 including Dronabinol.45
authorities, including health departments, inter- Although no official announcement from the Dem-
ministerial committees,27 civil society organizations ocratic Republic of the Congo government has been
(CSOs),28 prison services, and community-based initia- made, in 2017, Canadian company, EXMceuticals,
tives.29 The extent to which imprisonment alternatives became licensed to grow psychotropic cannabis.8 A
Table 1. Mapping of Existing and Pending Recreational and Medicinal Cannabis Policies

Country Legislation Recreational Medicinal Regulatory authority Notes

Algeria Law No. 04-18 of December Illegal98 (Article 12) Illegal National Anti-Drugs The basis of the legal response
25, 2004, on prevention and Drug to drug use is preventive and
and repression of illicit Addiction Office, treatment measures.84
use and trafficking of Algerian Ministry Sanctions only enforced upon
narcotics and of Justice the refusal of treatment
psychotropic substances97 (Article 9)99
Angola Law on trafficking and Illegal101 (Article 18) Illegal National Directorate
consumption of narcotic for Medicines
drugs, psychotropic
substances, and
precursors—Law No. 3/99,
of 6 August100
Benin Act No. 97-025 on the Illegal (Article 8) Illegal Central Office for No formal alternatives to
control of drugs and Repression of Illicit incarceration, exemptions
precursors, 1997102 Trafficking of maybe granted for minors or
Drugs and first time offenders103
18
Precursors
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Botswana Illicit traffic in narcotic drugs Illegal (Sections 4–6 Illegal Medicines Regulatory
and psychotropic of narcotic drugs Authority105
substances bill, 2018.104 and psychotropic
Medicines and Related substances bill)
Substances Act, 2013105
Burkina Faso Law No. 017/99/AN, 1999106 Illegal Illegal National Committee Inter-ministerial committees are
to Combat Drug designated to oversee and
Abuse (CNLD) support implementation103
Burundi No framework found Illegal28,26 Illegal26 ˚
Cabo Verde Law No. 78/IV/93 (1993) and Illegal (Article 1 of Illegal Coordinating Defendants may seek treatment
Law No. 92/92 Law No. 92/92) Commission to and a financial penalty in
(1992)103,107 Combat Drugs18 exchange for incarceration103
Cameroona Law No. 97-August 19, 1997, Illegal Illegal Anti-Drug National
relative to the control of Committee
drugs, psychotropic
substances, and
precursors and on mutual
assistance in material
traffic of narcotic drugs,
psychotropic substances,
and precursors108
PENDING: Framework not In 2001, reports of the intention
found to import Canadian medicinal
cannabis for HIV/AIDS
patients were made.109 The
government registered an
official request in 2002 to
become a medicinal cannabis
producer and exporter110
Central Law No. 01.011 adopting the Illegal Illegal National Police
African harmonized law relating to (Sûreté Nationale)
Republic the control of drugs,
extradition, and mutual
legal assistance in the
matter of illicit trafficking
in narcotic drugs and
psychotropic substances111
Chad No framework found Illegal26 Illegal ˚
Comoros No framework found Illegal112 Illegal ˚
Côte D’ivoire Law No. 88-686, 1988, on the Illegal (Article 8) Illegal Police Directorate on The Inter-ministerial Committee
suppression of trafficking Narcotics and for the Fight against Drugs
and illicit use of narcotic Drugs (CILAD) monitors impacts of
drugs103 legislation113
Democratic No framework found Illegal Illegal Capital punishment is applied to
Republic of certain offences28
the Congo

(continued)

244
Table 1. Continued

Country Legislation Recreational Medicinal Regulatory authority Notes

Djibouti Law No. 171/AN/81 on Illegal Illegal Directorate of Drugs The drug law system makes use
psychotropic and Pharmacy of constitutional and Sharia
substances114 law. Under Sharia law,
cannabis is categorized as
‘mukhaddirat,’ referring to a
substance that numbs the
senses and slows the user, but
use is justifiable for medicinal
purposes115
Egypt Act No. 122 of 1989 Illegal117 Illegal Egyptian ANGA118,119 Punishment for possession, use,
amending Law No. 182 of or cultivation for any reason is
1960, control of trade of imprisonment of between 3
narcotics and regulation and 15 years and a
of substances116 fine.116,118,119
Alternatives to prison include
voluntary treatment served
for at least 6 months and no
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longer than 3 years or the


sentenced sanction period—
whichever is less (Article 37)120
PENDING: framework not Decriminalized ˚ ˚ In 2018, legislation was put
found forward, proposing that
repeat offenders be referred
to 3–6 months of treatment121
Equatorial No framework found Illegal26 ˚ ˚
Guinea
Eritrea Penal Code of the State of Illegal (Article 395) Illegal ˚ Differences made between
Eritrea, 201534 selling and buying for
personal use, with possession
being considered a ‘‘less
serious’’ offence122
Ethiopia Drug Administration and Illegal124,125 Illegal ˚
Control Proclamation No.
176/1999123
The Criminal Code of the
Federal Democratic
Republic of Ethiopia,
2004123
Eswatinia The Opium and Habit— Illegal126 Illegal Medicines Regulatory Currently, cannabis use and
Forming Drug Act 192226 Authority in cultivation for any purpose
Medicines and Related conjunction with are illegal and there is no
Substances Control Act, the Royal medical cannabis regulatory
2016 (Act 9 of 2016)26 Swaziland Police framework26
Service’s Drug Unit
PENDING: The production of ˚ Legal Drug Administration Pending legislation aims to
cannabis for medicinal and Control decriminalize medicinal
and scientific use Authority, cannabis use and
regulations, 2019127 Ethiopian Federal cultivation127
Police ANS
Gabon No framework found Illegal26 ˚ ˚
The Republic Drug Control Act, 2003 Illegal Illegal DLEAG Government plans are
of Gambia (as amended)103 underway integrate
Medicines and Related treatment programs into the
Products Act, 2014128 existing legislature.103
Drug Control (Amendment) Act
2014, Section 35, in relation to
first-time offenders offers
leniency according to amount
 0.1–150 g: fine and/or
imprisonment of between
6 months and 1 year
 151–500 g: fine and/or
imprisonment of between
one and 2 years
 above 500 g: fine and/or
imprisonment of between
2 and 3 years129

(continued)

245
Table 1. Continued

Country Legislation Recreational Medicinal Regulatory authority Notes

Ghana Narcotics Control Decriminalized Illegal Narcotics Control Civil penalties, i.e., fines will be
Commission Bill of 2017 Commission issued to offenders or if
(NCC)130 (NACOC) in necessary, treatment referrals.
collaboration with Failure to pay fines, translates
the Prosecuting into a 15-month jail
Unit of the Ghana sentence131,27
Police Service and
the Attorney
General
Department131,27
Guinea Criminal Code of the Illegal Illegal Central Anti- Provisions for related offences
Republic of Guinea132; Narcotics Office are made in a number of
Decree D/2011/016/ (OCAD)18 decrees in the Penal
PRG/SSG, 2011.103 Code27,132
Decree No. 066/PRG/SSG/94 Inter-ministerial committees are
on the creation, powers involved in the overseeing of
and functions of the current policy.103
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Central Anti-Narcotics There are no protocols


Office. regarding treatment27
Decree No. 067/PRG/SGG
(1994) on the Creation and
Functions of the Inter-
Ministerial Committee
responsible for the fight
against drugs
Guinea- Legislation on narcotic drugs Illegal (Article 20) Illegal NDLEA18 According to substance,
Bissau (Decree-Law No. 2-B, of 28 distinctions are made
October 1993103,133 concerning sentencing:
 cannabis oil, sentencing of 2
months to a year
 derivative other than
cannabis oil, a sentencing of
1–6 months133
Kenya The Narcotic Drugs And Illegal135 Illegal ANU Cannabis for personal
Psychotropic Substances consumption punishable
(Control) Act No. 4, by 10–20 years of
1994134 imprisonment and cultivation
punishable by a pre-
determined fine or three
times the cannabis market
value and/or 20 years of
imprisonment134
Lesothoa Drugs of Abuse Act 2008136; Illegal138 Illegal Narcotics Bureau Any mode of use is punishable
The Medicines Control and by a minimum of 5 years in
Medical Devices Control prison or a fine (Section 9,
Bill 2018 Act No. 5 Drugs of Abuse Act)
Drug of Abuse (Cannabis) The Drug of Abuse (Cannabis)
Regulations Act of 2018137 Regulations Act of 2018 allows
for medicinal cannabis
cultivation Lesotho Narcotics
Bureau approved permit
holders can
cultivate flowerings, extract
active pharmaceutical
ingredients, and produce
medicines; Export
and import
medicinal cannabis
products38
Liberia Controlled Drugs and Illegal36 Illegal NDLEA18,36 Security and health
Substances Act/Drugs parliamentary committees
Enforcement Agency Act, serve as proximal
2014, in conjunction with mechanisms for drug
Penal Law36; control.103

(continued)

246
Table 1. Continued

Country Legislation Recreational Medicinal Regulatory authority Notes

Medicines and Health Use is chargeable with 1-year


Products Regulatory imprisonment and/or a fine.
Authority Act, 2010139 Aggravating circumstances,
e.g., use in a public institution
may incur greater
penalties.140 Courts can
request an individual to
submit to treatment9
Libya Law No. 7 of 1990 on Drugs Illegal Illegal Libyan Anti-Narcotics Offenders maybe remanded to
and Psychotropic and Psychotropic a treatment facility for 6
Substances Substances months to 1 year
(as amended)120 Agency A distinction is indicated
between possession and
actual use, although both are
punishable with a 2-year
prison sentence84
Madagascar Law No. 97-039 on The Illegal (Article 140) Illegal The National Article 411:
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Control of Narcotic Drugs, Gendarmerie’s Unlawful purchase, possession,


Psychotropic Substances, Anti-narcotics or growing for personal
and Precursors141 Office142
consumption are punished as
follows:
 cannabis plant, including oil: 3
months to a year
imprisonment and a fine
 derivatives other than oil: 2–6
months of imprisonment
and/or a fine
Exemptions made in cases of
minors or first-time
offenders142,143
Malawia Dangerous Drugs Act Illegal146 Legal Pharmacy, Medicines The law excludes the use of any
(1994)144 and Poisons Board seed crushed or processed to
Cannabis Regulation Act, prevent germination; or the
2020145 fixed oil obtained from the
seed.
Medicinal cannabis products are
available to ‘‘Qualified
patients’’ (individuals with
specific medical conditions
and recommendation for use)
with Valid rIC obtained from
the CRA.42
Cannabis Regulation Act, 2020,
also legalizes medicinal
cannabis cultivation
Mali Law No. 01-078, 2001 on the Illegal Illegal Central Office of Illegal use and cultivation are
control of drugs and Narcotics- sanctioned by 6 months to 3
precursors103 (OCS)55,31 years and 5–10 years of
imprisonment, respectively,
and/or a fine.27 Sentences
maybe forgone for
detoxification
programs.103
A specialized committee
monitors drug control,
policies, and proposed
legislation27
Mauritania Law No. 93-37, 1993103 Illegal Illegal147 National Office for Use is punishable with a 2-year
the Fight Against maximum prison sentence
Drugs and and a fine. Standard
Psychotropic penalties will not be applied
18
Substances when a user has been
‘‘successfully subjected to a
cure’’103

(continued)

247
Table 1. Continued

Country Legislation Recreational Medicinal Regulatory authority Notes

Mauritius The Dangerous Drugs Act, Illegal Illegal Pharmacy Board, The 2000 Dangerous Drugs Act
1986 (as amended)64 Ministry of Health, sanctions drug use with
and Quality of Life, maximum 2 years of
Mauritius Police imprisonment and/or a
Force’s Anti-Drug fine148
and Smuggling
Unit
Moroccoa Law No. 1-73-282 of May 21, Illegal Illegal Central Unit to Fight Possession or use is liable to
1974, on the suppression Drugs (UCLAD) imprisonment of between 2
of drug use and drug months and 1 year and/or a
prevention47 fine.60 Article 8 of the Law on
The Criminal Code of the Suppression of Drug use
Morocco sets out the possibility of
PENDING51: Framework not treatment,149 i.e., mandated
found medical detoxification (with a
15-day follow-up drug
screening)103
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National Commission on
Narcotic Drugs addresses
policy and coordination
matters150
The Parti Authenticité et
Modernité (PAM) and Rifan
Deputies of the Istiqlal Party in
2013 formally proposed
medical cannabis use
legislation, but hashish
production is not
mentioned.4,61 A national
agency is to be established to
oversee supplying of
pharmaceutical companies,
seed importation, and
distribution51
Mozambique Regulations for the Practice Illegal151,152 Illegal Pharmaceutical
of Pharmacy, 1941,151 Department,
Ministry of Health
PENDING: Anteprojecto de Decriminalized Legal ˚ Would allow only authorized
Revisão da Lei No. 3/9728 (Article 36) (Article 34) possession and cultivation of
small amounts
Namibia Combating of the Abuse of Illegal155 Illegal Medicines Regulatory Section 17 of the Medicines and
Drugs Bill, 2006,153 Council Related Substances Control
Medicines and Related Act, 2003, applications can be
Substances Control Act, made to have cannabis or
2003154 extracts of such registered as
medicine.156
Use and possession are
punishable with between
20 and 40 years of
imprisonment and/or a
fine. Cultivation is punishable
with 20 years for a first
conviction and at least 30
years for subsequent
convictions153
Niger Ordinance No. 99-42, Illegal Illegal Coordination Centre Addicts maybe court ordered to
1999103 to Combat Drugs undergo treatment,
(CCLAD) education, or rehabilitation.
(Article 115)103
Nigeria The Dangerous Drugs Illegal157,160 Illegal158 NDLEA161 Possession and cultivation are
Ordinance of 1935157 punishable under the Indian
The Indian Hemp Decree Hemp Act with the later
No. 19 of 1966 receiving imprisonment for at
(as amended)158 least 21 years158

(continued)

248
Table 1. Continued

Country Legislation Recreational Medicinal Regulatory authority Notes

NDLEA Act No. 48 of 1989 The Indian Hemp Act of 1975


(as amended)159 abolished the death penalty
and reduced use and
possession charges to 6
months of prison and/or a
fine.19 Minors can undergo
court-ordered treatment as an
alternative103,161,162
Republic of No framework found Illegal26,163 Illegal26 ˚
Congo
Rwandaa Law No. 03/2012 of February Illegal Illegal RNP, ANU As of October 2020, guidelines
15, 2012, governing for cultivating, processing,
narcotic drugs, and export of medicinal
psychotropic substances, cannabis solely for foreign
and precursors in markets were approved165
Rwanda,164
in conjunction with the N
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01/2012/OL of 02/05/2012
Organic Law instituting
the penal code
São Tomé No framework found Illegal26,166 Illegal26,166 ˚
and
Prı́ncipe
Senegal Law No. 97-18, 1997,103 Illegal Illegal Central Office for the
Drug Code (Code des Suppression of
Drogues)37 Illicit Drug
Trafficking
(OCRTIS)
Seychellesa Misuse of Drugs Act, 2016167 Decriminalized Legal NDEA The law makes a distinction
Misuse of Drugs between a user and a
(Cannabidiol-based dependent person with the
products for medical latter the objective being to
purposes) Regulations, make treatment accessible.
2020168 Patients must present the
following:
 a ‘‘qualifying medical
condition
 a prescription issued by
medical practitioner; as
approved by Public Health
Authority, Seychelles Medical
and Dental Council and the
Health Care Agency.169
Unsanctioned use of medicinal
cannabis, is punishable by
imprisonment no longer than
6 months and a fine
Sierra Leonea The National Drugs Control Illegal172 Illegal NDLEA Section 50 of the Pharmacy and
Act, 2008,103 Drugs Act, 2001, legalizes
Pharmacy and Drugs Act, cultivation of cannabis for
2001,170 medicinal purposes
Guideline for the Cultivation
and Processing of Medical
Cannabis (2019)171
Somalia Act No. 46 of March 3, 1970, Illegal Illegal Central Narcotics
concerning the Bureau
production of, trade in,
and use of narcotic
drugs173
South Africaa Medicines and Related Decriminalized Legal South African Police A 2018 Constitutional Court
Substances Act (Act 101 of Service’s Narcotics ruling decriminalized adult
174
1965) Bureau (SANAB) use, possession, or cultivation
Guidelines on the Cultivation of cannabis in private for
of Cannabis and personal
Manufacture of Cannabis- consumption,175,44,176

(continued)

249
Table 1. Continued

Country Legislation Recreational Medicinal Regulatory authority Notes

Related Pharmaceutical allowing the amendment of


Products for Medicinal provisions of Medicines and
and Research Purposes Related Substances Act No.
101 of 1965 and the Drugs
and Drug Trafficking Act No.
140 of 199260
PENDING: Cannabis for South Africa Health The Cannabis for Private
private purposes bill, Products Purposes Bill, 2020, proposes
2020177 Regulatory as follows:
Authority Public consumption is illegal and
liable to 2 years of
imprisonment.178,179
Patients require valid
prescriptions from a licensed
practitioner to access
medicinal products for the
following eligible conditions:
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 Severe muscle spasms or pain


in patients with multiple
sclerosis;
 Severe nausea, vomiting, or
wasting arising from cancer,
HIV/AIDS;
 Severe epileptic seizures
where other treatment
options have failed or have
intolerable side effects;
 Severe chronic pain
conditions45,94,180–182
South Sudan Drug and Food Control Illegal Illegal SSNPS
Authority Act, 2012183
184
The Penal Code Act, 2008
Sudan Narcotic Drugs and Illegal Illegal. SPF Use and cultivation are
Psychotropic Substances (Article 20-1) punished by no longer than 5
Act, 1994 years of imprisonment and a
fine;
charges are terminated for
undergoing voluntarily
treatment (between 6 months
and 2 years)84
Togo Drug Control Law No. 98- Illegal Illegal Central Office for the Possession and cultivation of
008, 1998103 Suppression of small quantities are
Illicit Drug punishable with lesser
Trafficking and penalties. The penalty for
Money cultivation and production of
Laundering18 cannabis oil is 2 months to 1
year; 6 months for any other
plant derivative and/or a
fine.185
Treatment is alternatively
offered instead of prison103
Tunisia Law No. 92-52 of May 18, Illegal Illegal National Narcotics Actual or attempted
1992 on Narcotic drugs Bureau (Bureau consumption or possession
84
(as amended) National des sanctioned by imprisonment
Law No. 2017-39 dated May Stupéfiants)95 of between 1 and 5 years and
8, 2017, amending Law a fine.84 Cultivation can
No. 92-52 dated May 18, receive a 6–10-year sentence
1992, related to with a fine9
narcotics186 Law No. 2017-39 states article 53
of the penal code is not
implemented regarding
narcotics infringements,186
giving judges the right to
reduce related
penalties.147,187,188

(continued)

250
Table 1. Continued

Country Legislation Recreational Medicinal Regulatory authority Notes

The Narcotics Commission, an


auxiliary body in policy
implementation, has the
authority to compel
addicts to undergo
treatment95
Uganda The Narcotic Drugs and Illegal116 Illegal NDA Possession and use are liable to
Psychotropic Substances a fine and/or 1–5 years of
(Control) Act, 2015189 imprisonment.26
The Act empowers the Minister
of Health to establish
rehabilitation centers83
United The Drug Control and Illegal Illegal DCEA Possession or use is punishable
Republic of Enforcement Act (CAP. with 1–5 years of
Tanzania 95), 2016,190 imprisonment, or a hefty fine
The Tanzania Food, Drugs for small amounts.
And Cosmetics Act (CAP. Small quantities are classified as
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219)191 follows:
 cannabis plant < 50 g
 cannabis resin or oil < 5 g
The onus falls on the individual
to prove intent not being for
sale or distribution for larger
quantities190
Engagement in cultivation
(which includes gathering) is
liable to imprisonment of not
< 30 years.
Related activities may be
conducted only on the
account of government192
Zambiaa Narcotic Drugs and Illegal123 Legal (Section 18 Drug Enforcement Use is recognized in cases of
Psychotropic Substances Narcotic Drugs Commission chronic pain, nausea caused
Act, 1993,193 and Psychotropic by treatments such as
The Dangerous Drugs Act, Substances Act chemotherapy, epilepsy,
1965194 Cap 96) glaucoma, and sclerosis
symptoms.87
Cultivation is legal solely on the
basis of medicinal use and not
on a commercial scale195
Zimbabwea Chapter 15:02 Dangerous Illegal.41,199 Illegal Ministry of Health Statutory Instrument 62 of 2018:
Drugs Act (as amended) and Child Welfare Authorized individuals can
in conjunction with and the ZRP41,199 cultivate and produce
the Criminal Law medicinal cannabis
(Codification and Reform) products40
Act [Chapter 9:23]
Act 23/2004
Statutory Instrument 62 of
2018. [CAP. 15:02]
Dangerous Drugs
(Production of Cannabis
for Medicinal and
Scientific Use)
Regulations, 2018196,197

˚ Information not available.


a
Countries with medicinal cannabis-specific provisions.
ANGA, Anti-Narcotics General Administration; ANS, Anti-Narcotics Service; ANU, Anti-Narcotics Unit; CCLAD, Coordination Centre to Combat Drugs;
CILAD, Committee for the Fight against Drugs; CNLD, National Committee to Combat Drug Abuse; CRA, Cannabis Regulatory Authority; DCEA, Drug
Control and Enforcement Authority; DLEAG, Drug Law Enforcement Agency of the Gambia; NACOC, Nation Control Commission; NCC, Narcotics Con-
trol Commission; NDA, National Drug Authority; NDEA, National Drugs Enforcement Agency; NDLEA, National Drug Law Enforcement Agency; OCAD,
Central Anti-Narcotics Office; OCRTIS, Central Office for the Suppression of Illicit Drug Trafficking; OCS, Central Office of Narcotics; PAM, Modernity and
Authenticity Party; rIC, registry Identification Cards; RNP, Rwanda National Police; SANAB, South African Police Service’s Narcotics Bureau; SPF, Sudan
Police Force; SSNPS, South Sudan National Police Service; UCLAD, Central Unit to Fight Drugs; ZRP, Zimbabwe Republic Police.

251
252 KITCHEN ET AL.

similar occurrence is presented in Uganda where, de- Cannabis is commonly smoked, processed into a
spite no published regulations, companies have re- paste, or distilled into oil for incorporation into foods
ceived approval to conduct related operations,8 but and beverages or mixed with cocaine, crack cocaine,
government representatives announced, in 2019, offi- heroin, and methaqualone.52 In West Africa cannabis,
cial plans to issue licenses.46 alcohol and diazepam/trihexyphenidyl are typically
combined.49 Synthetic cannabinoids are gaining popu-
Policy impacts larity, particularly in Mauritius53 where they are avail-
Direct. The following are in reference to recreational able as a powder mixable with tobacco for smoking or
policies, as African medicinal policies are developing. dissolved in a solvent (thinner or acetone) sprayed on
Gauges of drug policy effectiveness47 include planta- low-quality cannabis.28
tion eradication, facilities closures, seizures and arrests, In terms of health consequences, 12–40% of youths in
use trends, and health effects.18 psychiatric hospitals across Africa were diagnosed with
Continentally, between 2010 and 2018, cannabis sei- cannabis or drug-induced psychosis.52 Ghanaian health
zures increased by 53%.48 However, the Nigerian providers expressed belief in the ‘‘gateway theory’’ (can-
nabis consumption leads to harder drugs).54 Drug use
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NDLEA Annual Report (2016) showed a decline in re-


lated arrests and seizures, despite cannabis topping the disorders were highest among people between 15 and
list of drugs seized (187,394 kg from a 267,591.49 kg 44 years of age, with primary or secondary education,
drug total) and 718 ha of plantations eradicated.25 In and who were unemployed, with cannabis the primary
Senegal, quantities seized from 2000 to 2009 included drug of choice for treatment seekers according to
45.08 t cannabis and 13.78 t hashish.49 Rwanda reported the West African Epidemiology Network55 and the
tracking 2890.179 kg and arresting 1671 people in 2009, Pan-African Epidemiology Network.56
and in January of the following year, 563,988 kg had According to research, 50% of Zimbabwean mental
been seized and 999 people arrested.50 Algerian secu- institutions’ admissions have been attributed to sub-
rity services seized 56,548 plants between 2003 and stance misuse, with 80% of those patients primarily
2018, primarily from multihectare plantations.51 being male between 16 and 40 years of age.57 In South
Morocco’s resin industry still produces similar quanti- Africa, indicators associated with disorders in males in-
ties as it did decades ago.51 cluded younger age, mixed race, urban area residency,
An American research institute’s regional report on and violent crime victims, while for females, younger
the state of the continent’s cannabis market produced age, being white or mixed race, being unemployed, and
the following statistics as of 2019: 83 million or nearly psychological distress were associated factors.58
a third of the world’s 263 million users are in Africa;
Nigeria has the highest number of users at 20.1 million Indirect.
followed by Ethiopia (7.1 million); Africa’s estimated Environmental. A UN resolution suggested increased
market accounts for 11% of the total global market; cultivation has accelerated soil erosion, primarily due
and the continental consumption rate (11.4%) is twice to excessive fertilization, soil overexploitation, forest
that of the global rate (6%).26 destruction, and eradication efforts.59 In 2015, South
The 2020 UNODC World Drug Report identified African Police Services used helicopters to spray herbi-
West and Central Africa as Africa’s ‘‘epicenter of can- cides on rural cannabis subsistence farms with no
nabis use,’’ with a 9.3% estimated annual prevalence regard to crops, livestock, or rivers, potentially expos-
among adults compared to the global and continental ing people to contamination.60 Increased cultivation
average of 3.9% and 6.3% respectively; North Africa’s and poor soil conservation have taken a toll on the
annual prevalence was 5.1% (Morocco’s numbers are Rif,61 posing a severe ecological and social risk.12 Anec-
rising with 600,000–800,000 users, Algeria and Tunisia dotal evidence suggests declining yields and size are
have roughly 200,00051); East and Southern Africa sur- likely a result of limited crop rotation and continual
vey data were unavailable, but countries within the re- monocropping as seen in 17% and 36% of fields in
gions reported increased use between 2009 and 2018; Botsoapa, Lesotho, respectively.59
and between 2010 and 2018, the following had compara- Soil infertility has a corresponding impact on licit
bly significant cultivation and/or production: Morocco crops yields leading to greater demands for larger
(47,500 ha), Nigeria, Eswatini, Sudan, South Africa, land areas to maintain output.62 Environmental over-
Malawi, Zambia, DRC, Lesotho, and Ghana.48 exploitation by a rapidly expanding population and
AFRICA CANNABIS POLICY STATUS AND IMPACT 253

increased cannabis production can led to decreased nabis economy, in this sense, regulates employment and
food production and subsequently poorer nutrition emigration.12,51 Young Rif farmers driven by poverty
due to increased food costs.12,59 New hybrid varieties have left areas that are frequently targeted by law en-
requiring more water to reach maturity pose a risk to forcement for other Moroccan regions and Europe.12
water resources and their increased use in Morocco
risks the future of licit and illicit economic develop- Associated crimes. Trafficking is mainly intraregional,
ment due to depleting aquifers.51 with the most frequently reported countries of origin,
departure, and transit, between 2014 and 2018, by re-
Economic and socioeconomic stability. South Africa’s gion and in order of importance being as follows:
war on cannabis cost tax payers over USD$223.7 mil- West and Central Africa: Ghana and Nigeria; South-
lion in 2014 and 2015 through arrests and other reduc- ern Africa: Mozambique, Eswatini, and Malawi; East
tion activities.60 Africa’s agrarian-based image and Africa: Tanzania, Uganda, and Kenya; and North Africa:
donor reliance within and out of drug control dialogs Morocco.48 Even so, in Ghana, low arrests and convic-
influence policy execution.59,63 Aid directed at illegal tions are attributed to legal corruption.49 Contrastingly,
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drugs, shaped by individualized plans, often tries to ex- in 2009, the Moroccan Court of Appeal for the first
tend enforcement,2 for example, internationally backed time convicted 109 people, charged with arranging a
West-African strategies have overlooked domestic use, criminal group and international drug trafficking.61
concentrating on preventing exportation.54 Western- Despite this, it is understood by producers who engage
funded eradication campaigns in Morocco cost 75 local officials with payments as bribes to ignore their
million Euros between 2003 and 2013.47 activities that this relationship is fundamental to sus-
Cost–benefit analysis of Mauritius’s drug policy taining the trade.51
found, in 2014, government expenditure on repression By weight and value, cannabis is the most trafficked
and health services took up 78% and 22% respectively, drug from and through the Maghreb with small
of the Rs300,909,835 budget for combating drugs.64 streams of product entering from West Africa or the
Ethiopia’s 2017 national drug control budget was Levant.51 Globally, Morocco is the most frequently men-
USD$980, 000, of which 34.2% (USD$335,000) was for tioned resin primary source as identified in more than a
demand and harm reduction.65 fifth of all instances between 2014 and 2018.48 Traffick-
In Lesotho, the crop is the only source of livelihood ing has introduced foreign elements, that is, Afghani
for some because of high unemployment.66 In the Rif, and Lebanese opium-laced hashish have reportedly be-
the situation is similar and some producers who have come available for purchase to Libya’s smokers.69
even been able to gain wealth far exceeding expectations, West-Africa is labeled as an emerging transiting sta-
continually fight for their right to cultivate.67 Moroccans tion, as proven reinforced by a causal relationship be-
view production differently from organized crime due to tween international trafficking and terrorism.18,70 In
little associated violence and authorities not focusing on Mali, trafficking has been found to be involved within
the issue.51 Northern Nigeria wholesalers credited their governing structures, militarizing Sahel forces, under-
financial successes to cannabis’s profitability and capac- mining peacekeeping efforts, and official governance le-
ity to withstand economic downfalls.68 Poor government gitimacy.31 Congolese social narratives have redefined
services can influence public demand as illustrated by cannabis into a rebel tool for encouraging killings and
Zimbabwean rural farmers who unsuccessfully attemp- sexualized violence.6 In Benin, the trade is considered
ted to legalize cannabis they grew for traditional medic- a growing threat, believed to finance political corrup-
inal uses due to frequent medication shortages.8 tion.49 Southern Africa’s forecasted cannabis market ex-
The Rif region depends on hashish for socioeconomic pansion maybe affected by actions taken against and in
and political stabilization,12 with profits considered im- response to organized crime, for example, Nigerian net-
portant to maintain social balance.61 Industry revenues works trafficking cannabis from the region.71
are reinvested in uncontrolled housing development, Despite being nonperishable, fear of being caught
particularly in northern Morocco.61 The growing num- with cannabis and failure to take advantage of the trad-
ber of drug users in Ghana is partly a reason behind ing season cause farmers to oversupply markets,
the expansion of ghettoes.49 Stricter policies could devaluing their commodity.7 This forces Congolese
cause more illegal immigration of Africa’s youth, weak- traders to cross dangerous terrains like the Ruzizi’s
ening communities and delaying development. The can- crocodile-infested waters to reach Burundi markets,
254 KITCHEN ET AL.

the greatest danger often occurring during encounters and limited facilities as the biggest impediments to re-
with soldiers.7 As traders and growers are operating il- ceiving help.78 Users in Dodoma, Tanzania, reported
legally, they are unable to appeal for protection in cases unawareness of treatment options.79
of abuse from local enforcement. Due to limited facilities and perceptions that drug
The illegality of the trade, the need to conceal activi- disorders are religious manifestations, pseudo-
ties, and demand can lead to black market creation; ‘‘pol- treatments are common.32 Churches, traditional doc-
icy displacement,’’ through redirecting resources to law tors, and prayer camps are typical first-line treatment
enforcement; the ‘‘balloon-effect,’’ whereby enforcement in Ghana, with most users at government institutions
shifts drug production and supply elsewhere; ‘‘substance previously having undergone a form of religious treat-
displacement,’’ whereby enforcement measures lead ment.30,54 Psychiatric hospitals and faith-based facili-
users to consuming other substances, for example, in ties are overcrowded and underfunded, and lack
Mauritius, increased actions against cannabis have qualified personnel.31 Critics of Ghana’s drug decrimi-
made it scarce and expensive (USD$35–USD$75/g), nalization consider the inability to provide quality
making more hazardous synthetic cannabinoids a more treatment disadvantageous to the measure.54
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accessible alternative at USD$15/g; and stigmatization West Africa’s drug-related arrests increased during
discouraging users from accessing treatment.28 2014–2017, with *16,000 arrests in 2017 with Cabo
Verde, Gambia, and Nigeria reporting the highest num-
Enforcement and incarceration. Users are depicted as bers.32 Between 2011 and 2014, Mauritius witnessed a
criminals and wayward,72 as in Gambia, cannabis is 78% increase of cannabis-related convictions, despite
considered responsible for most drug-related crimes.73 prison services reporting a 48% drop in drug detainees
In South Africa, this perception is fueled by car hijack- from 2005 to 2013.64 In Senegal, it is estimated that a
ings by smugglers and crimes by users to fund their quarter of the overcrowded prison population are drug
consumption.59 Fear and insecurity were common users.49 Tunisian prison system’s official capacity is
themes mentioned, explaining individuals’ experiences roughly 18,000, but estimates note that facilities are oper-
when in the presence of users.74 Perceptions of users ating at 150–200% capacity.9,80 Roughly one-third of the
are based upon sociocultural norms, with religiosity population are facing or serving drug-related sentences,
cited as the greatest deterrent to cannabis engagement.6 and in 2016, over 56% of drug use detainees were caught
Nigerian reports indicate high degrees of public con- in possession of cannabis,62,81 but following policy
cern, with use identified as a loss of morality leading amendments, prisoners have reportedly decreased.82 Gha-
to psychosis.75 Similar generalizations are made in naian overcrowded prisons are characterized by a consid-
Ghana, as users are perceived as defective and unlikely erable segment of convicts on drug-related charges.49
to regain a state of normalcy.54 Incarcerated users are often exposed to more lethal
Structural violence (beatings and unwarranted drugs as proven by emerging drug injecting trends in
arrests) was indicated as the most common form Ugandan prisons.83 In Côte d’Ivoire, correctional facil-
of enforcement, with persistent surveillance and ities’ requests for rehabilitation have increased, as con-
crackdowns also used by authorities as means to victs admit to consuming varieties of drugs, although
generate income through bribery and fulfill arrest admittedly before imprisonment solely used canna-
quotas.20 Congolese Pygmies are constantly chal- bis.32 Imprisonment has been related to high economic
lenged by such because of cultivation in an area expenditure, social stigmatization, expansion of ex-
once considered their hunting grounds until state tremist gangs, and smuggling networks.9,83
backed evictions.76
Nigerian users described a consequential sense of fear Prospects for change. West Africa Commission on
from enforcement tactics considered personal infringe- Drugs and West Africa Drug Policy Network advocate
ments.20 Users defend cannabis as an aid for ailments, for drug policy reform in West Africa, with the former
focus, and sexual potency,2 nonetheless, reported the im- carrying out policy training in collaboration with local
portance of concealment.72 Post-conflict Liberians re- institutions,28 and the latter, in calls for drug decriminal-
ferred to use for performance enhancement during ization,84 focuses on local CSOs capacity building to ad-
conflict, but more so to deal with psychological trauma.77 dress impacts on governance and health.26
Nigerian health professionals acknowledged the ex- Fields of Green for All, a South Africa-based organi-
istence of government institutions, but stated cost zation, hosts conferences, notably Clinical Cannabis
AFRICA CANNABIS POLICY STATUS AND IMPACT 255

Convention Conference, addressing drugs in relation dependent countries,89 estimating half of all foreign
to rights and reform.28 Kenya’s Africa Cannabis Asso- earnings generated from sales.43 Declining productivity
ciation actively seeks to pressurize the government by has motivated officials to believe cannabis legalization
encouraging the National Assembly to legalize canna- will lead to diversification.42
bis, protect farmers, and change attitudes.26 Human
rights groups have endorsed further reformation of Discussion
the modified Tunisia’s Law 52, currently seen as an in- Prohibitive measures aiming to minimize availability
terim solution.9 Industries with potential stakes, such are the norm.65 Related activities are subject to crimi-
as tobacco companies with technical skills and finances, nalization, partly due to policies shadowed by outdated
may possess the greatest policy-influencing ability.43 research and colonialism. Ghana, Seychelles, and South
The global legal and illicit cannabis market is val- Africa have taken into consideration the human rights
ued at USD$344.4b, with Africa’s share at 11% violations imposed by policies and decriminalized per-
(USD$37.7b).85 Based on the markets of South Africa, sonal use.
Zimbabwe, Lesotho, Nigeria, Morocco, Malawi, Ghana, Continentally, drug use is becoming increasingly
common and a greater health-related problem.90
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Eswatini, and Zambia, Africa’s legal market could, by


2023, be worth over USD$7.1b.26 Nigeria ranks first Trends indicate that negative impacts are on a conti-
in terms of market potential (USD$15.3b), and then nental rise; however, because of a lack of population-
Ethiopia (USD$9.8b).85 based data, most is sourced externally and may not
Legalization may lead to government gains.74 represent the true situation.18 As of 2019, there are an es-
Income from previously decentralized and undocu- timated 263 million users, largely young males without
mented transactions in countries such as Morocco, regular income. This may be explained by cannabis’s
with about 800,000 growers and cultivators in the comparatively low selling price, being locally sourced,
trade, could possibly generate annual sales estimated early-age initiation,91 and low quit rate.74,92 Poverty, un-
at USD$10b, as the current illicit industry accounts employment, and unfavorable social conditions also favor
for nearly 10% of its gross domestic product.5 Huge op- use, particularly among a increasing youth population.
portunities exist along the value chain, for example, Reported seizures have been declining. This may be
equipment supplying for industrialization and employ- due to mainly intraregional trafficking. Regional secu-
ment creation.86 Increased European demand, which is rity forces may be more willing to ignore illegal activi-
driving licit markets, could lead to foreign currency in- ties and lack appropriate resources. Benin security
flux.47 Decriminalization alleviates pressures on the services suggested that the decrease could be down to
penal system and related costs. Nigeria’s underutilized better skilled traffickers assisted by corrupt officials.49
pharmaceutical sector currently operates at roughly Declining seizures have not translated into a de-
40% and could be a key industry for medical cannabis crease in users and growers as evidenced by an increas-
due to its reliance on imported pharmaceuticals.26 ing prison population of drug-related convicts (mostly
Sustainability of ‘‘alternative development’’ relies on charged with cannabis possession) and growing treat-
programs being of comparable economic value to dis- ment demands.49 Even so, Morocco has maintained
courage illicit trading.35 Licit cash crops’ prices are con- resin production levels owing to unwillingness to en-
siderably lower than those of cannabis.12 In Congo, force policy, a dynamic created by eradication attempts
100 kg cannabis sells for up to USD$128, far more that contributed to social unrest, leading authorities to
than USD$54 for maize.26 Year-round cultivation in instead choose to use containment strategies.61 Despite
Eswatini can yield a domestic retail price/mt return decades of prohibition, intentions to limit access have
of USD$43,300 compared to USD$400 for sugar and remained elusive. Corruption, lack of control bodies,
USD$175 for maize.5 and poor regional dialog have been reported as causes
Financial challenges, value imbalances, and favor- for reporting inconsistencies.31,51
able production climate mean that Africa could be- Medicinal cannabis interests have resurged in the
come economically reliant on cannabis as a main past decades. African countries have created provi-
financial source.68 Since 2013, pressures from Zambia’s sions for access and cultivation. A commonality exists,
financial debt (USD$10.5b in 2018)87 have encouraged most laws appear directed toward foreign export mar-
major political party, the Green Party, to promote can- kets rather than providing health and financial alterna-
nabis exportation.88 Malawi is one of the most tobacco- tives.93 Licensing fees and international operating
256 KITCHEN ET AL.

standards are beyond the reach of locals88 and likely tive approaches of enforcement. Independent autono-
only achievable for foreign investors.94 This can lead mous bodies are more practical; however, human and
to criminal syndicate development to participate in ac- monetary resources often limit their capacities.
tivities such as money laundering.88 Greater punitively designed policies are linked to
South Africa and Seychelles stand out by having reg- greater criminalization; however, be it from evasion,
ulations for patients to access cannabis. We can only to bribery, to corruption, the two do not linearly corre-
infer impacts of medicinal policies, given limited late. Nonetheless, users and growers who are criminal-
data. These may range from job creation and health re- ized bear the burden of experiencing the penal system
search sector development to further increasing the even after release. Social consequences faced by actors
wealth gap and local market underdevelopment. in the trade include stigmatization, loss of employment,
loss of civil privileges, and relationships. Government
Implications for future policies expenditure on law enforcement, creation of black
By contrast with tobacco and alcohol, cannabis use and markets, and crime negatively impact the community
associated outcomes tend to be undervalued due to the at large. The full extent of these consequences has not
lack of reliable documentation studies95 as well as the
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been fully examined in an African setting in terms of


largely ignored, misunderstood, and generally taboo na- their impacts on economic and social development
ture of use, usually due to political and social denial.96 and effectiveness of deterring others.
For instance, in Ghana, the result of this underreporting
is that the number of female users has been vastly under- Limitations
represented, which means that their treatment needs are Results are to be interpreted with the understanding
largely unmet.54 Studies have suggested a connection be- that findings were largely dependent upon the meth-
tween prevalence of cannabis use and of existing policies. odology used, which extensively relied on the accessi-
Prevalence is typically measured in three ways: ever used, ble electronic databases and resources. In this way,
used last year, and used last month. the reporting of impacts may be biased and demon-
Figures currently indicate an increase in prevalence strate more negative outcomes owing largely to long
of cannabis use and associated psychosis in Africa. existing prohibitive nature of policies. Although
However, longitudinal and internationally comparable most reported impacts of cannabis policies are pre-
information on these measures are lacking for African sented negatively, positive impacts are heavily reliant
countries. Given so, establishing comparable data on anecdotal evidence typically stemming from en-
across many African countries complicates the analysis gagement in the extralegal cannabis economy (i.e., a
process of the policy-prevalence relationship. Within criminalized network that stretches between formal
Africa, most data are provided by international studies political actors and those engaged directly in the can-
that do not provide in-depth situational analysis and nabis trade59). Key examples of this include Lesotho
may therefore be misleading or underreported. There- and Morocco.
fore, interpreting differences and similarities across As policies are changing, it will be important to in-
policy regimes must be done understanding the ununi- vestigate how more liberal regulations benefit or disadvan-
form nature of data backing the policies. The African tage locals particularly in the aforementioned settings,
Union’s Specialised Technical Committee on Health, where the plant is de-facto decriminalized and acts as a
Population and Drug Control may devise coherent medical panacea as well as a major source of household in-
strategies to monitor indicators. come, even considered more reliable than the prospect of
Variations exist in formal policy among nations. waged work.
A great distinction exists between formal policy and ac- This method was also unable to identify regulatory
tual implementation in a number of countries or juris- provisions for all-inclusive countries; therefore, to be
diction, for instance, in Morocco’s Rif region. Several able to provide more comprehensive and current infor-
influences contribute to the discrepancy of uniform pol- mation, further research may require incorporation
icy implementation, one of particular relevance to the of regionally and locally available unpublished resour-
African context is the allocation of enforcement. This ces not indexed on commonly used databases (e.g.,
study revealed that most regulatory authorities, when books, dissertations, anecdotes, and nonelectronic gov-
they do exist, operate under discretionary authority of ernment reports often only available in the relevant
the law and judiciary system, which often relies on puni- countries). Results cannot be generalized to all nations,
AFRICA CANNABIS POLICY STATUS AND IMPACT 257

but they stand as an identifiable point for further re- 6. Laudati A. Living dangerously: confronting insecurity, navigating risk,
and negotiating livelihoods in the hidden economy of Congo’s cannabis
search, and policy information can be continually trade. EchoGéo. 2019. DOI: 10.4000/echogeo.17676.
updated as more information is made accessible. 7. Laudati A. Securing (in) security: relinking violence and the trade in
cannabis sativa in eastern Democratic Republic of Congo. Rev Afr Polit
Econ. 2016;43:190–205.
Conclusion 8. Duvall CS. A brief agricultural history of cannabis in Africa, from pre-
history to canna-colony. EchoGéo. 2019. DOI: 10.4000/echogeo.17599.
Cannabis framework is a complex issue handled under a 9. Blackman A. Prison reform and drug decriminalization in Tunisia. In:
series of policies and characterized by a range of contrib- Blackman A, ed. Social Policy in the Middle East and North Africa. The
Project on Middle East Political Science: New York, 2018, pp. 46–55.
uting factors. Our study was able to identify information 10. Friedman D, Sirven JI. Historical perspective on the medical use of
on policies’ statuses for most countries, but even so, most cannabis for epilepsy: ancient times to the 1980s. Epilepsy Behav. 2017;
70:298–301.
information did not provide a full picture of regulatory 11. Gazette TB. Govt on high as weed takes a hit. Available at https://www
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prevalence measures, and society impacts). Countries #.X4BIu0YzYal Accessed October 8, 2020.
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with long standing cannabis histories or recent changes to intra-state conflicts? Crime Law Soc Change. 2007;48:133–150.
in policies were mainly reported upon and provided 13. Putri D. Cannabis rescheduling: what could it mean for Africa?
International Drug Policy Consortium: London, 2020, p. 4.
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the bulk of information for this study. 14. World Health Organization. List of globally identified websites of
Investigation of underrepresented nations and com- medicines regulatory authorities. World Health Organization: Geneva,
Switzerland, 2012.
munities may help better explain the current signifi- 15. Adams RJ, Smart P, Huff AS. Shades of grey: guidelines for working
cance of cannabis and the societal benefits and with the grey literature in systematic reviews for management and
organizational studies. IJMR. 2017;19:432–454.
constraints that policies place on its usage, and more 16. Vaska M, Chowdhury M, Naidu J, et al. Exploring all that is grey in the
importantly on the general public. Policy changes health sciences: what is grey literature and how to use it for compre-
based on modern trends should include larger study hensive knowledge synthesis. JNHFB, 2019;8:14–19.
17. van het Loo M, van’t Hof C, Kahan JP. Cannabis Policy, Implementation
of previous policy impacts and future-oriented analy- and Outcomes. RAND corporation: Arlington, Virginia, 2003.
sis of country-level goals incorporated with a greater 18. Nelson E-U, Obot I. Beyond prohibition: responses to illicit drugs in West
Africa in an evolving policy context. Drugs Alcohol Today. 2020;20:123–133.
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Acknowledgments 20. Nelson EU. Police crackdowns, structural violence and impact on the
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We express gratitude to our technical support team. 2018;54:114–122.
21. Union TA. Final Progress Report on the implementation of the AU Plan
of Action on Drug Control (2013–2017) extended to 2019. The African
Author Disclosure Statement Union: Addis Ababa, Ethiopia, 2019.
No competing financial interests exist. 22. Ethiopian Food, Medicines and Health Care Administration and Control
Authority Ministry of Health. Ethiopia National Drug Control Master Plan:
Addis Ababa Ethiopia, 2017.
Funding Information 23. Shelly S, Howell S. South Africa’s National Drug Master Plan: influenced
This research did not receive any specific grant from and ignored. Global Drug Policy Observatory, Global Drug Policy
Observatory, Working Paper No. 4, 2018.
funding agencies in the public, commercial, or not- 24. International Narcotics Board. INCB Report 2019: Chapter III—Africa.
for-profit sectors. International Narcotics Board: Vienna, Austria, 2019.
25. Drug Use in Nigeria. United Nations Office on Drugs and Crime: Vienna,
Austria, 2018.
Supplementary Material 26. Prohibition Partners. Africa Cannabis Report. Prohibition Partners:
Supplementary File S1 Washington, DC, 2019.
27. West African Commission on Drugs. Harmonizing Drug Legislation in
Supplementary File S2 West Africa—A Call for Minimum Standards. West African Commission
Supplementary File S3 on Drugs: Geneva, Switzerland, 2014.
28. AIDS and Rights Alliance for Southern Africa. Don’t Treat us as Outsiders
Supplementary File S4 Drug Policy and the Lived Experiences of People Who Use Drugs in
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Abbreviations Used
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Tanzania, 2018. ANS ¼ Anti-Narcotics Service


192. Veldman M. Cannabis in Tanzania—laws, use, and history. Available at ANU ¼ Anti-Narcotics Unit
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193. The Republic of Zambia. Zambia: Narcotic Drugs and Psychotropic DCEA ¼ Drug Control and Enforcement Authority
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194. The Republic of Zambia. Zambia: Dangerous Drugs Act. The Republic of NDA ¼ National Drug Authority
Zambia, 1993. NDEA ¼ National Drugs Enforcement Agency
195. Veldman M. Cannabis in Zambia—laws, use, and history. Available at NDLEA ¼ National Drug Law Enforcement Agency
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196. Law Association of Zambia. The Legalization of Marijuana for Medicinal RNP ¼ Rwanda National Police
purposes in Zambia Under the Narcotic Drugs and Psychotropic Sub- SPF ¼ Sudan Police Force
stances Act No. 37 of 1993. Law Association of Zambia: Lusaka, Zambia, SSNPS ¼ South Sudan National Police Service
2015. UN ¼ United Nations
197. The Republic of Zimbabwe. Zimbabwe: SI 62 of 2018-Dangerous Drugs UNODC ¼ United Nations Office on Drugs and Crime
(Production of Cannabis for Medicinal and Scientific Use) Regulations ZRP ¼ Zimbabwe Republic Police
2018. The Republic of Zimbabwe, 2018.

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