CBD, short for cannabidiol, is one of the most active ingredients of marijuana said to have medicinal and therapeutic properties. Several studies claim CBD usage may relieve pain, reduce anxiety, and improve sleep quality, without causing the user to get “high”. The curative properties of CBD have led many countries around the world to allow its usage, whether for medicinal purposes and/or recreational purposes. Some countries, however, still consider CBD illegal since it is derived from cannabis; an illicit drug. This article aims to educate Nigerians on the legality of CBD in Nigeria. Read on.
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Is CBD Legal in Nigeria?
CBD and other Indian hemp products are generally considered to be illegal in Nigeria. The only exemption, per the provisions of Part V Section 12 of the Dangerous Drugs Act, 1935 is if the Indian hemp products are registered and used for medicinal purposes only. Therefore, CBD can be considered to be legal in Nigeria if the company involved in the production, manufacturing, and distribution of CBD products meets certain conditions and obtains appropriate licenses as stipulated by the Dangerous Drugs Act of 1935. More so, CBD products that have been duly registered may only be dispensed by a member of the Medical or Dental Practitioner Council or a veterinary doctor with a valid license.
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What is the Position of the Law on CBD in Nigeria?
Ever since Indian hemp found its way into Nigeria in the 1940s, there have been several enacted Acts and Regulations aimed at controlling the usage, distribution, and sale of cannabinoid drugs in Nigeria. The Indian Hemp Act of 1966, for example, stipulates that a person found guilty by a court for knowingly planting, cultivating, and importing Indian hemp is liable to be imprisoned for 21 years without parole, or face capital punishment, which is death.
Generally, the use, distribution, sale, purchase, advertisement, importation, and exportation of cannabinoid products, including CBD, are unlawful and illegal. The National Agency for Food and Drug Administration (NAFDAC), the National Drugs Enforcement Agency (NDLEA), and the Federal Ministry of Health are the regulating authorities charged with policing the use, distribution, and sale of Indian hemp products in Nigeria.
The Governing Laws and regulations on Indian hemp include the Indian Hemp Act of 1966, the Dangerous Drugs Act of 1935, the NDLEA Act, cap. N30, LFN, 2004, and the NAFDAC Act. It is the provisions of these aforementioned enactments that specify the use, distribution, sale, purchase, advertisement, importation, and exportation of cannabinoid products as offenses and prescribe appropriate punishments for defaulters.
However, when Indian hemp products like CBD are used for medicinal and scientific purposes, they are considered to be lawful. But to be considered lawful, there are certain conditions to be met and appropriate licenses to be obtained. More importantly, CBD products can only be considered lawful in Nigeria as long as it does not contravene the Dangerous Drugs Act of 1935.
You may wonder what are the stringent conditions to be met and the appropriate licenses to be obtained before CBD products can be considered to be legal in Nigeria. Keep on reading as we discuss (in the next paragraph) what the conditions to be met and licenses to be obtained are before a CBD product can be considered legal in Nigeria.
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What to do to Make CBD Products Legal in Nigeria
As we earlier mentioned, CBD can be considered legal and lawful if certain requirements are met. In this section of the article, we’ll be discussing what it takes to make CBD products legal in Nigeria, albeit for medicinal purposes only. The Minister of Health stipulates the conditions which must be adhered to for CBD to be legal and registrable in Nigeria. These conditions are as stipulated according to Part V Section 12 of the Dangerous Drugs Act of 1935. These conditions are as follows:
- License must be obtained from the Minister of Health for the importation of cannabinoid drugs (like CBD);
- Cannabidiol drugs must be registered with the National Agency for Food and Drug Administration (NAFDAC) prior to their manufacturing, importation, advertisement, sale, or distribution in Nigeria.
It is important to note that before any company involved in the production, manufacturing, and distribution of CBD products can register its company products (i.e. CBD products like CBD oil, CBD vapes, CBD gummies, and CBD capsules) with NAFDAC must first be incorporated with the Corporate Affairs Commission.
After the CBD product has passed the quality and standard test carried out by NAFDAC, a registration number and a certificate would be issued to the company seeking authorization to make its CBD product legal. However, CBD products sourced from abroad could be registered with the National Agency for Food and Drug Administration (NAFDAC) without obtaining the NAFDAC Registration Number. In such cases, an import permit must be obtained.
When the CBD product has finally been registered with NAFDAC, it is considered legal in Nigeria. However, not everyone is able to dispense CBD products to the consumer of the cannabinoid drug. Only doctors or dentists that are members of the Medical or Dental Practitioner Council or a veterinary doctor with a license may dispense CBD products to end users.
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What are the Punishments for Using (Distributing, Importing, Selling, etc) CBD in Nigeria Illegally?
The Indian Hemp Act of 1966 prescribes punishments for Nigerians and foreigners residing in Nigeria who use, import, sell, buy, advertise, or deal in CBD products (and other Indian hemp products) illegally. Note, Indian hemp per the Indian Hemp Act, is any plant or part of a plant of the genus Cannabis.
Offenders found guilty of knowingly planting, cultivating, and importing Indian hemp are liable to spend 21 years in prison without parole, or even capital punishment. Those found guilty of possessing equipment associated with the usage of Indian hemp are liable to 5 years imprisonment. Lastly, offenders found guilty of possessing Indian hemp, including CBD products are liable to face a sentence of 4 years imprisonment, however, offenders 17 years and below would be flogged 17 strokes of cane plus 2 years in a borstal or similar institution.