Marijuana in Nigeria is illegal for both medicinal and recreational use. Consequently, possessing or using marijuana can result in criminal penalties, regardless of the intended purpose.
Per the 1935 Dangerous Drugs Act, any plant or plant part of the genus cannabis family, derivative of the plant or its part, preparation, or isolated resin, is illegal and may only be cultivated, manufactured, or distributed by an entity with a relevant license. The Nigerian government does not issue such a license to public individuals or entities. Also, the NDLEA Act of 1989, as amended, outlines legislation curbing the cultivation, processing, trafficking, and sale of cannabis.
While there have been discussions and debates regarding the legalization of marijuana at the nation's legislature, no law has been passed to legalize cannabis in Nigeria.
Marijuana remains illegal in Nigeria, and there is no legal market for its production, sale, or use. Therefore, it does not directly contribute to the country's formal economy.
Since cannabis has not been legalized in Nigeria, it is impossible to compare crime rates prior to and after legalization. However, according to a UNODC (United Nations Office on Drugs and Crime) and NBS (National Bureau of Statistics) report published in 2018, over 14 million residents, about 14% of Nigeria's population, abused drugs in the last year. While the report did not attribute the entirety of the abuse to cannabis use, this figure more than doubled the world average for drug abuse, set at 5.6% at the time.
According to a National Bureau of Statistics report, 612,547 kilograms of narcotic drugs were seized in 2019, representing an increase of 274% from the 163,684 kilograms seized in 2018. The report also indicated that 9,418 suspects were prosecuted for drug-related charges in 2019, as against 9,779 in the previous year, while 1,120 were convicted for drug-related offenses in 2019, as against 1,220, in 2018.
Furthermore, in 2021, the chairman of the Nigeria Drug Law Enforcement Agency (NDLEA), Mohammed Buba Marwa, stated that 90% of the crime reported in the country is linked to drug abuse. Marwa claimed that 90% of criminalities ranging from insurgency, banditry, kidnapping, and rape in Nigeria can be traced to the use of illicit drugs.
In 1927, the first Dangerous Drugs Ordinance (DDO) restricted the use and trade of cannabis and opium for medical and scientific purposes and put them under the supervisory powers of the chief medical officer of the colony. The DDO criminalized any other unlicensed trade and use of the drugs. In 1935, the Ordinance was replaced by a slightly amended law, which remained the basis of Nigerian drug control until the late 1980s. The 1935 ordinance granted authority to the Nigerian president to establish regulations per the control, importation, exportation, production, possession, sale, and distribution of cannabis.
In 1989, the National Drug Law Enforcement Agency Act established the NDLEA to enforce the provisions of the NDLEA Act in curbing narcotic drug abuse. The Act was amended in 2004 and renamed Cap.N30 Laws of the Federation. Section 11 of the NDLEA Act, any person convicted of cannabis possession and use is liable to be imprisoned for at least 15 years but no more than 25 years.
While developments between 2019 and 2020 seemed to indicate a shift in Nigeria's stance towards cannabis legalization (Ondo State Governor Rotimi Akeredolu publicly advocated cannabis legalization), more recent developments have shown that the nation is yet to embrace the use of the substance fully.
In 2021, members of the House of Representatives proposed a bill to regulate the cultivation, possession, and trade of cannabis for medical and research and other related purposes. Sponsored by Miriam Onuoha, the bill also stipulated punishments for cannabis abusers and violators. According to the bill, an individual growing, producing, or selling cannabis not for medical uses and failing to provide the required permits under Section 12(1) of the bill is liable to be imprisoned for up to 2 years or a fine not exceeding 1,000,000 naira. The bill failed to proceed.
In March 2023, a consolidated bill sponsored by Miriam Onuoha, Benjamin Kalu, and Olumide Osoba seeking to amend the NDLEA Act to permit cannabis cultivation for recreational and medical uses also suffered a setback at the nation's House of Representatives.