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Nigeria Cannabis
Nigeria Marijuana Laws
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Nigeria Marijuana Laws 2024

Key Points

  • The recreational and medical uses of marijuana are illegal in Nigeria
  • Persons caught possessing or using cannabis face no less than 15 years imprisonment
  • Although a bill was introduced in 2023 to legalize cannabis cultivation and use, it failed to progress in the House of Representatives

Is Marijuana Legal in Nigeria?

Cannabis use is strictly prohibited. Possessing, selling, or consuming cannabis is considered a criminal offense under Nigerian law. Individuals found with cannabis face severe consequences, including imprisonment and substantial fines.

Nigeria Marijuana Laws in 2024

Medical and recreational cannabis are prohibited in Nigeria. However, in March 2023, a consolidated bill sponsored by Miriam Onuoha, Benjamin Kalu, and Olumide Osoba, seeking to legalize cannabis cultivation for medical and recreational use, suffered a setback in the House of Representatives. The bill sought to confer the nation's drug law enforcement agency (NDLEA) with the right to grant and revoke licenses issued for the cultivation of Cannabis Sativa, Cannabis Ruderalis, and Cannabis Indica.

The bill would also allow the NDLEA to establish a system for registering and licensing cannabis cultivators, producers, and users in Nigeria. The bill was stepped down to forestall widespread abuse of cannabis in the nation with the hope that it may be resuscitated later when concerns over the abuse of the substance may have abated.

Timeline of Сannabis Law in Nigeria

The following are key periods in the Nigeria cannabis law timeline:

  • 1935: The Dangerous Drugs Act (DDA) is Nigeria's first significant legislation regulating cannabis operations and activities. The DDA defines "Indian hemp" as any plant or part of a plant belonging to the genus cannabis, the isolated resin, whether in its crude or purified form, derived from any part of the cannabis plant, or any preparation that includes any part of cannabis.

    The DDA grants authority to the Nigerian president to establish regulations and restrictions concerning the control, importation, exportation, production, possession, sale, and distribution of cannabis. These activities may only be undertaken by individuals or premises duly licensed or authorized for such purposes. Additionally, the DDA allows individuals to export Indian hemp from Nigeria, provided they present an import certificate granted by the relevant authority in their respective countries.

    Furthermore, the DDA stipulates that an import certificate is not a prerequisite when the intended exportation is destined for a country that is not a party to the 1925 Geneva International Convention relating to dangerous drugs or the 1931 Geneva Convention for limiting the manufacture and regulating the distribution of narcotic drugs

  • 1966: The Indian Hemp Act (IHA) passed into law in 1966 maintains the existing definition of Indian hemp as outlined in the DDA. Under the IHA, severe penalties are established for individuals found guilty of knowingly planting or cultivating cannabis, with the prescribed punishment being either a death sentence or imprisonment for not less than 21 years.

    The IHA also permits the importation, possession, and sale of any medicinal preparation of cannabis as long as these activities do not lead to a violation of the provisions outlined in the DDA. The IHA does not repeal the DDA's provision that allows for the export of cannabis under specific conditions as long as the prospective exporter meets the stipulated requirements. Several amendments have been introduced to the IHA through legislative changes, such as the Indian Hemp Amendment Act of 1975 and the Indian Hemp Amendment Decree of 1984

  • 1989: The Nigeria National Drug Law Enforcement Agency (NDLEA) was established in accordance with the National Drug Law Enforcement Agency Act of 1989, which has been subsequently amended and is presently documented as Cap.N30 Laws of the Federation 2004, often referred to as the "NDLEA Act." The primary mandate of the NDLEA is to enforce legislation aimed at curbing the cultivation, processing, sale, trafficking, and use of hard drugs. Additionally, the NDLEA is empowered to conduct investigations into individuals suspected of engaging in drug-related activities and other related matters.

    Note that the burden of proof falls upon the accused individual to demonstrate that they possessed lawful authority for any of the aforementioned prohibited activities

  • 1993: The National Agency for Food and Drug Administration and Control (NAFDAC) Act of 1993, as amended and commonly referred to as the NAFDAC Act, was instituted to establish a National Agency for Food and Drug Administration and Control. This agency is entrusted with several responsibilities, including ensuring that the use of psychotropic and narcotic drugs is limited to medical and scientific uses. Furthermore, the NAFDAC Act empowers this agency to grant authorizations for importing and exporting narcotic drugs.

Can I Use Cannabis?

No. Cannabis use is illegal in Nigeria.

Penalties for Marijuana-Related Crimes in Nigeria

According to the NDLEA Act, anyone found guilty of possessing or using cannabis is liable to be sentenced to 15 years imprisonment but no more than 25 years imprisonment.

Is Gifting Marijuana A Crime In Nigeria?

It is illegal to gift marijuana to anyone in Nigeria. Both the giver and the receiver may face lengthy prison sentences. Nigeria prohibits the possession of cannabis by all persons, regardless of age.

Can I Cultivate Marijuana For Non-Medical Use In My Home?

No. Marijuana cultivation, for medical or non-medical purposes, is illegal in Nigeria.

Is Transportation Of Marijuana Legal In Nigeria?

No, it is illegal to transport marijuana in Nigeria.

What Is The Legal Implication Of Driving Under The Influence Of Marijuana In Nigeria?

Driving under the influence of marijuana is illegal in Nigeria. Anyone caught operating a vehicle while under the influence of cannabis will be charged with cannabis possession, use, or both.

Possible Remedies For The Defendant Of Violating Nigeria Marijuana Laws

Nigeria holds a firm stance on cannabis and punishes cannabis possession severely. However, agreeing to cooperate with the investigation, especially in drug distribution cartel cases, may result in a reduced sentence.

Confiscation Of Assets

Per the National Drug Law Enforcement Agency Act, the NDLEA may adopt measures to identify, freeze, or confiscate proceeds derived from drug-related offenses or properties.

What is Nigeria's Cannabis History?

Nigeria's history with cannabis is believed to have begun when the substance entered the country via soldiers and sailors returning from war-torn regions in North Africa and the Far East after the conclusion of World War II.

After cannabis' introduction in the 1940s, its cultivation quickly became widespread and was being exported as production grew.

The Dangerous Drugs Act of 1935 introduced a prohibition on cannabis consumption, marking the beginning of a regulatory framework against cannabis in Nigeria. Subsequently, the Indian Hemp Act of 1966 stipulated stringent penalties, including the death penalty for individuals involved in cannabis cultivation. However, amendments to these laws later removed the death penalty while increasing jail sentences to a potential lifetime.

Despite the legal restrictions, marijuana use persisted.

The 1980s witnessed the imposition of Decree 20 during Nigeria's military junta, which authorized the death penalty as a punishment for drug trafficking. The 1990s marked the implementation of a government initiative to eradicate cannabis in the nation. The initiative was designed to burn several thousands of hectares of cannabis cultivation.

Recent developments indicate a shift in Nigeria's stance towards cannabis. In 2019 and 2020, the Governor of Ondo State advocated legalizing cannabis for medical purposes. In 2020, the Nigerian House introduced a bill that proposed the cultivation and sale of cannabis for medical, cosmetic, and research purposes. In 2023, another bill similar to the 2020 bill sought to amend Nigeria's NDLEA Act to grant the national agency authority to issue licenses for the sale, use, and cultivation of marijuana.