Mozambique: Attorney General Discusses Commercial Cannabis Production Legalisation

• Mozambique's Attorney General’s Office recently hosted a national drugs conference discussing the potential legalisation of controlled cannabis production, sale, and consumption.
• The conference declaration acknowledged cannabis's medicinal, scientific, and economic potential, including applications in pharmaceuticals and hemp textiles.
• While no concrete licensing system or clarity on personal consumption was outlined for recreational use, the government has since announced a policy change for medicinal and industrial cannabis through Decree 5/2021.
• A key challenge is the potential for a dual system where investors gain commercial licenses while small-scale farmers remain criminalized.
• Nova Democracia previously proposed a public consultation on decriminalizing consumption and legalizing cultivation, while South Africa has decriminalized private personal use but not unrestricted commercial sales.

A significant challenge lies in the potential for creating a dual legal system where large-scale investors could secure licenses for commercial production, while small-scale farmers cultivating the same plant might continue to face criminal prosecution.

Mozambique is currently engaged in a critical discussion regarding the future of cannabis, a plant that remains largely under the purview of law enforcement despite its emerging commercial potential. A national drugs conference, recently convened by the Attorney General’s Office (PGR) in Maputo, served as a pivotal forum for exploring the possible legalisation of controlled cannabis production, sale, and consumption within the country. This significant gathering marks a shift in the national conversation, moving beyond purely punitive approaches to consider broader economic and health implications.

The closing declaration from the conference formally acknowledged the substantial medicinal and scientific potential of cannabis. Furthermore, it recognized the plant's established role in the formal economies of various other nations, highlighting a global trend that Mozambique is now beginning to address. The discussions specifically touched upon diverse commercial applications, including the development of pharmaceutical products and the production of hemp fibre for the textile industry, underscoring the relevance of this debate far beyond traditional drug policy considerations.

Despite these forward-looking discussions, the declaration from the Attorney General’s Office did not provide concrete proposals for a comprehensive licensing system for cannabis. Crucially, it also left unresolved the specific legal status of personal consumption and the implications for individuals cultivating small quantities for their own use. The document indicated that further recommendations would be detailed in a separate, final document. Consequently, while the dialogue has begun, the government has since enacted Decree 5/2021, which regulates the cultivation, processing, import, and export of cannabis for medicinal and industrial purposes.

The ongoing deliberations expose a fundamental choice for Mozambique: how to reconcile the economic promise of a regulated cannabis industry with the existing legal framework that treats the plant primarily as a police matter. A significant challenge lies in the potential for creating a dual legal system where large-scale investors could secure licenses for commercial production, while small-scale farmers cultivating the same plant might continue to face criminal prosecution. This disparity raises concerns about equitable access to economic opportunities and the fairness of the legal system.

Under such a scenario, well-resourced companies, equipped with capital, legal counsel, and access to official channels, would likely be positioned to obtain the necessary permissions for cannabis cultivation. Conversely, an ordinary farmer growing a few plants behind their home could still be subject to the full force of the criminal law. While it is acknowledged that commercial production necessitates specific controls that might not be required for personal cultivation, these differences alone do not inherently justify the continued criminalization of individual farmers. The political discourse surrounding this issue is already active, with the Nova Democracia party having proposed a public consultation in June of the previous year, specifically advocating for the decriminalisation of consumption and the legalisation of cultivation.

The economic opportunities presented by Mozambique cannabis legalisation, particularly for commercial production, extend significantly beyond the realm of illicit drug trade. The potential for developing pharmaceutical products from cannabis offers a new avenue for medical innovation and export. Similarly, the cultivation of hemp for fibre could invigorate the textile industry, providing sustainable raw materials and creating new jobs. These applications underscore the plant's versatility and its capacity to contribute positively to the national economy, aligning Mozambique with a growing number of countries exploring these benefits.

In considering its path forward, Mozambique can look to regional precedents. South Africa, for instance, saw its Constitutional Court decriminalize the private adult use, possession, and cultivation of cannabis for personal consumption in 2018. It is important to note, however, that this ruling did not extend to authorizing unrestricted commercial sales. This distinction is crucial, as it demonstrates a model where a nation can cease prosecuting private, personal behavior related to cannabis without abandoning its control over the broader commercial market. This approach offers a potential blueprint for Mozambique to navigate its own legalisation process, balancing individual freedoms with regulatory oversight for commercial ventures.

Lawyers should closely monitor the ongoing discussions and any forthcoming proposals from the Attorney General's Office regarding cannabis legalisation in Mozambique, particularly how commercial licensing frameworks will be structured and whether they will create a dual legal system that impacts small-scale farmers or personal consumption. This will be crucial for advising potential investors in the commercial cannabis sector and for understanding compliance risks for existing growers.

Source: Original reporting via Zitamar News