GHANA'S DRUG LAW (ACT 1019):  A LAW AT WAR WITH ITSELF

Ghana's Narcotics Control Commission Act, 2020 (Act 1019), is a significant and modern piece of legislation designed to overhaul the country's approach to drug policy. The central conflict of the Act is that it aims to treat drug use as a public health issue but continues to punish users as criminals. This document will break down the Act's progressive promises, its real-world legal problems, the damaging consequences for people, and the proposed solutions for meaningful reform.

The Promise: A Modern, Health-Focused Approach

Act 1019 was widely praised for its intent to shift Ghana's drug policy towards a public health framework. Crucially, its provisions codify a health-focused approach into law, providing a strong legal basis for advocating for policies that prioritise care over punishment, even as other sections of the Act contradict this goal.

The Act's key public health provisions include:

a. Treating Drug Use as a Health Issue: The law officially mandates that substance use disorders should be handled as a public health concern, shifting the intended focus from the criminal justice system to the healthcare system.

b. Focusing on Harm Reduction: The Act tasks the Narcotics Control Commission with reducing harm caused by drug use through education, treatment, and rehabilitation. However, this mandate is weakened by ambiguity; the term "harm reduction" is mentioned only once in the entire law. This pushes practical decision-making to the Commission and falls short of international best practices, such as the West Africa Commission on Drugs' (WACD) Model Drug Law, which recommends explicitly protecting harm reduction services in law.

c. Funding for Rehabilitation: A dedicated "Substance Use Disorder Rehabilitation Fund" was created to pay for treatment and recovery services, signalling a commitment to providing resources for those in need.

However, despite these progressive goals, the law's punitive measures create a starkly different reality for individuals who use drugs.

The Problem: Punishing Patients as Criminals

The core problem with Act 1019 is the profound contradiction between its health objectives and its punitive legal framework. As drug policy expert Joanne Csete observed, there is often a "chasm into which policies fall on the way from the rhetoric to the reality." In Ghana, this chasm is created by sections of the law that treat drug users as criminals subject to severe penalties.

A "Punishment-First" Model

The critical flaw in this approach is that a court can only order someone to treatment after they have already been convicted of a crime. This frames rehabilitation as a post-punishment sentencing option rather than a true diversionary alternative. An individual must first be branded a criminal before they can be offered help, reinforcing the "user-as-criminal" paradigm and fundamentally undermining the goal of treating substance use as a public health issue.

This punitive framework has several damaging consequences, particularly for the most vulnerable 

The Real-World Consequences of a Flawed Law

The decision to punish personal drug use undermines public health, creates injustice, and harms the very people the law claims it wants to help.

1. It Disproportionately Harms the Poor. The fines are extremely punitive compared to the average monthly salary of around GHS 3,700. As one official from the Narcotics Control Commission lamented, "It’s the poorer people who have no choice but to smoke in the slums, in the streets, and so on who get caught" and are unable to pay. The source analysis concludes that this system "technically result[s] in imprisonment by default" for those without financial means, while wealthier individuals can pay a fine to avoid jail.

2. Vague Definitions Lead to Injustice. The law fails to define a clear quantity threshold to distinguish possession for personal use from possession for trafficking. Instead, it offers a vague definition of "possession for use" as a quantity that "does not exceed the quantity which can reasonably be used by an individual in a day." This ambiguity leaves immense discretion to law enforcement, which can lead to corruption or disproportionately harsh charges. A judge shared a striking example of a young woman who sent a small amount of a drug hidden in a package of waakye (a rice and bean dish) to her boyfriend in prison. She was charged with trafficking and faced a mandatory minimum sentence of 10 years.

3. It Creates Barriers to Seeking Help. The fear of arrest and a criminal record actively deters people from seeking the very treatment and health services the Act purports to support. This approach drives substance use "underground," increasing health risks and isolating people who need help. A criminal conviction also creates long-term barriers to finding jobs, housing, and education. Furthermore, this focus on non-violent individuals misallocates scarce judicial and law enforcement resources away from serious crimes like large-scale trafficking.

Given these severe negative impacts, experts and judges have proposed clear reforms to align the law with its public health goals.

What is the  Solution? A Path to Meaningful Reform.

To resolve the Act's internal contradictions and make it truly effective, I would recommend several key amendments.

1. Fully decriminalise personal use. The most critical recommendation is to completely remove the criminal penalties for possessing or purchasing small quantities of drugs for personal use, aligning Ghana's law with the WACD's Model Drug Law.

2. Replace Punishment with Health Referrals. Instead of fines and prison, the proposed system would refer individuals to a health and social needs assessment. Crucially, this referral must be a true diversionary measure that does not result in a criminal record, thereby treating the individual as a patient, not a criminal.

3. Establish Clear Quantity Thresholds. The law should be amended to include clear, defined quantities to distinguish personal use from trafficking. This would reduce police discretion, prevent corruption, and ensure that charges are fair and proportionate.

4. Move Away from Mandatory Treatment.  Court-ordered, nonvoluntary treatment is "notoriously abusive and tantamount to imprisonment." It is also often unsuitable for individuals who are not problematic drug users. A true public health approach should offer a range of voluntary support, treatment, and harm reduction options that respect an individual's rights.

5. Pass the non-custodial bill, which allows offenders to undertake community service rather than paying hefty fines they cannot afford. 

Aligning the Law with its Purpose

Ghana's Narcotics Control Commission Act, 2020 (Act 1019), is a law at war with itself. Its progressive public health vision, outlined in Section 3, is fundamentally undermined by the punitive measures in Sections 37 and 45 that criminalise the very people it should be helping. This internal conflict renders the law ineffective and perpetuates harm against vulnerable populations.

Amending the Act to fully decriminalise the personal possession and purchase of drugs is essential for Ghana to create a coherent, effective, and modern drug policy that truly prioritises the health and human rights of its citizens.