From Femi Mustapha, in Kaduna
A Kaduna-based Legal practitioner, Awwal Abdullahi Salisu (Esq) has called on the Federal Government and the National Drug Law Enforcement Agency to amend its Act to specifically provide for the prosecution of offenses related to Indian Hemp/Cannabis Sativa to allow for a a lesser punishment than that of Cocaine or Heroin.
This, he said, is in view of the unassailable difference in the composition and potency of the drugs.
He stated this in a statement made available to the media in Kaduna today (Tuesday).
Barrister Awwal Abdullahi Salisu said that he is not an advocate for the use of Indian Hemp/Cannabis Sativa and, indeed, recognizes the potential of cannabis as a gateway drug to the more dangerous and addictive Cocaine and Heroin.
He, however, said as a minister in the temple of justice, it is his foremost duty to ensure that justice is done to the accused, especially those apprehended with small quantities.
The legal Practitioner, therefore, advised that the proper framing of charges to reflect the true nature of the drug for which our laws still deem to be unlawful is necessary in this regard.
He observed that in the interim, prosecuting authorities have to be circumspect in framing their charges and refrain from classifying cannabis as a drug similar to heroin or cocaine in the overzealous attempt to drag the offender into the provisions of Section 19 of the NDLEA Act so as not to overburden an already overcrowded correctional justice system with offenses that are not as offensive as they seem.
“To this end, the Attorney General of the Federation may under his powers as vested under Sections 10 and 50 of the NDLEA Act make rules or regulations to govern the arraignment and prosecution of Indian Hemp/Cannabis related offenses as a stop-gap before the necessary amendment of section 19 of the law to introduce various classes of drugs and their concomitant penalties.
“Prosecuting authorities have to be circumspect in framing their charges and refrain from classifying cannabis as a drug similar to heroin or cocaine in the overzealous attempt to drag the offender into the provisions of Section 19 of the NDLEA Act so as not to overburden an already overcrowded correctional justice system with offenses that are not as offensive as they seem.
“To this end, the Attorney General of the Federation may under his powers as vested under Sections 10 and 50 of the NDLEA Act make rules or regulations to govern the arraignment and prosecution of Indian Hemp/Cannabis related offenses as a stop-gap before the necessary amendment of section 19 of the law to introduce various classes of drugs and their concomitant penalties.”
Barrister Awwal Abdullahi
Salisu added that Any keen follower of arraignment in the Nigerian law courts would no doubt have heard the charge against accused persons found in possession of cannabis sativa /Indian hemp read thus:
“That you… On or about … at … within the jurisdiction of this Honourable Court and without lawful authority found in possession of 150 grams of Indian hemp, otherwise known as Cannabis Sativa a drug similar to cocaine, heroin…. and thereby committed an offense contrary to section 19 of the National Drug Law Enforcement Agency Act, Cap N30 Laws of the Federation of Nigeria 2004”
He, however, explained that Section 19 of the National Drug Law Enforcement Act is as follows: “Any person who, without lawful authority, knowingly possesses the drugs popularly known as cocaine, LSD, heroin or any other similar drugs shall be guilty of an offense under this Act and liable on conviction to be sentenced to imprisonment for a term not less than fifteen years and not exceeding 25 years.”
“One wonders what the foundation is for classifying Indian hemp as a substance “similar to heroin or cocaine” in the Act. Does it have the same chemical and psychoactive composition? Does it have the same effect on the body? Does it have the same potential for addiction?
“The Provision of Section 19 of the National Drug Law Enforcement Act is as follows:
“Any person who, without lawful authority, knowingly possesses the drugs popularly known as cocaine, LSD, heroin or any other similar drugs shall be guilty of an offense under this Act and liable on conviction to be sentenced to imprisonment for a term not less than fifteen years and not exceeding 25 years.”
He further explained that Cannabis is considered to have a relatively low potential for addiction, with approximately 9% of adults who use cannabis meeting diagnostic criteria for cannabis use disorder.
“ Heroin is classified as highly addictive, with approximately 23% of individuals who use heroin developing opioid use disorder.
“Cocaine also considered highly addictive, with approximately 21% of individuals who use cocaine developing cocaine use disorder.”
He opined that on the Legal Status in certain countries, the use of cannabis has been allowed for medical and personal use. Some of these countries are as follows: Australia, Argentina Costa Rica Belgium, and others.
“In modern medicine, these substances also have some degree of medicinal use. But, just as the above-highlighted disparity, in medicine, a world of difference exists between the usage of Cannabis and Heroin and Cocaine.
“Most notably, Cannabis has gained acceptance in the treatment of cancer and it has been demonstrated to be useful ad follows:
“Cannabis is effective in reducing chronic pain, which is a common symptom in cancer patients.
“Nausea and vomiting: Cannabis has been used to alleviate nausea and vomiting associated with chemotherapy.
“Anxiety and stress: Cannabis has been used to reduce anxiety and stress in cancer patients.”
“Some studies suggest that cannabinoids, the active compounds in cannabis, may have anti-tumor effects and inhibit cancer cell growth.
“Anti-inflammatory effects: Cannabis has anti-inflammatory properties, which may help reduce inflammation associated with cancer.
“Neuroprotection: Cannabis may have neuroprotective effects, which could help protect against chemotherapy-induced neuropathy.
“Conversely, Heroin and Cocaine, though also of medicinal benefit, are very volatile and can only be used in very controlled circumstances. For instance,” the statement said.
