The Government recently legalised the farming and value addition of cannabis for medicinal and scientific purposes, but the decision has split public opinion.

Through Statutory Instrument 62 of 2018 (Dangerous Drugs — Production of Cannabis for Medicinal and Scientific Use Regulations) that was published in the Government Gazette on April 27, the growing and beneficiation of cannabis sativa or hemp, a plant that is less narcotic than cannabis India, which we commonly know as mbanje, is now legal for licensed individuals and or organisations in the country.

The SI gives a framework under which prospective investors can apply for licences to farm and process the crop. Among other terms, it grants the Government through its designated agents authority to, from time to time, inspect the production and processing facilities of cannabis sativa. The producer licence will be valid for five years and is renewable.  The SI says the Minister of Health may not issue, renew or amend a licence if such action creates a risk to public health, safety or security, including the risk of cannabis being diverted to an illicit market use.  It also sets the application fee at $50 000. Growers and processors would have to make an annual return payment of $15 000.

With this decision, Zimbabwe becomes the fourth African country to permit controlled production of the multi-purpose crop. Lesotho, South Africa and Malawi already had legislation that allows conditional production of cannabis. They are among the 37 countries where it is grown legally on the globe among them Australia, UK, France and some US states.

Critics of the policy appear to suggest that the Government’s move to legalise controlled production of cannabis will suddenly see anyone doing the same willy-nilly, apparently with the police and courts looking the other way. That is a wrong interpretation because cultivation of the crop without a licence and its consumption remain criminal offences.

Also, the criticism of the new policy is based on failure to appreciate the distinction between the crop whose growing and beneficiation is now legal — hemp — with its highly narcotic and socially destructive relative — mbanje. The main chemicals in cannabis are cannabibiol (CBD) and tetrahyrdocannabinol (TDC), which, according to experts, react together when it is smoked to produce psychoactive effects.  However, cannabis sativa, or hemp does not contain enough THC to produce these effects and is actually not smoked.

In our view, the import of the new legislation is not too different from that which governs the use and possession of firearms in the country. Gun laws recognise that the weapon is potentially dangerous and, if improperly used, can trigger unpleasant social and security implications. For that reason it should only be possessed by licensed users for specific purposes with strict conditions as to how it must be secured at all times.

The fact that the Government allows possession of guns for licensed users has not resulted in anyone owning them willy-nilly with the police and courts looking the other way.  Possession and use of a gun without a licence, like growing and smoking of cannabis without a licence, remain criminal offences.

Although mbanje has traditionally been grown and consumed in the country, those found doing so are always arrested and charged for violating the Dangerous Drugs Act (Chapter 15:02) and the Criminal Law (Codification and Reform Act (Chapter 9:23). Convicts can be jailed for up to 12 years.

The Minister of Health and Child Welfare, Dr David Parirenyatwa, made it clear: “Possession of cannabis, other than for medicinal or scientific purposes, is still illegal in Zimbabwe. For emphasis, licensing is imperative for medicinal or industrial cannabis use. Government will use a multi-sectoral approach to coordinate and regulate this industry as it develops. This will include health, industry, agriculture, home affairs, customs, academia and the private sector among others. These regulations do not therefore mean that it is now a free for all in growing and processing hemp. You have to be licensed.”

Cannabis can be used in treating cancers, diabetes, asthma, obesity, nausea and vomiting, chronic pain, liver diseases, glaucoma, stroke, multiple sclerosis, appetite loss, heart disease and psychosis, among a wide range of diseases. It is effective too in controlling some forms of pain, alleviating nausea and vomiting due to chemotherapy, treating wasting due to HIV, and combating muscle spasms associated with multiple sclerosis.

In addition to its medicinal uses, cannabis has multiple industrial uses. It may surprise many that it is used to make some of the market’s strongest fabrics that are turned into the jeans and canvas shoes that we wear, ship sails, military uniforms and other hard-wearing materials. Methane, petrol, paper, cosmetics and so on can be made from hemp.

For very good reasons, the new legislation sets the initial application and licence renewal fees at a high level. At $50 000, the application fee is steep for small players who might want to take chances and end up abusing their licences. Actually, we think that given the immense potential the business has, the Government can double the fees without chasing away serious investors.

With the application fees at this high level, and additional strict physical security requirements set out in the SI, the new policy is seen benefiting primarily foreign investors who are already established in the business elsewhere and looking to expand their businesses. It sets cannabis growing and processing as a highly specialised field requiring large investments and extreme security measures that are out of most farmers’ scope. That is good to restrict entry. Be that as it may locals are encouraged to explore opportunities in this lucrative sector as well.

However, we strongly urge the Government to listen to critics whose views are very understandable and allay their fears. We suggest that the regulations be strictly enforced to ensure that they are not abused by the licensed and also to ensure that those with criminal intent are kept out of the industry.