Constitutional Challenge To Cannabis Prohibition In Namibia

Cannabis prohibition policies are typically challenged in one of two ways. The first is via the political process, with some countries having better options for seeking this route than others.

The other common way that cannabis advocates challenge cannabis prohibition policies is via the courts. Several countries have witnessed their top courts handing down landmark rulings against cannabis prohibition, such as in Mexico and South Africa. Namibia is the latest country to see a cannabis court challenge.

“Three judges of the Windhoek High Court are set to hear oral arguments in early July on whether an attempt to have the outlawing of cannabis in Namibia declared unconstitutional is ripe to be decided at this stage.” reported The Namibian in its local coverage.

“The plaintiffs in the case, Ganja Users of Namibia (GUN) president Brian Jaftha and GUN secretary general Borro Ndungula, want the High Court to declare the prohibition of the possession and use of cannabis by adults in Namibia as unconstitutional.” the outlet also reported.

Currently, cannabis activity is expressly permitted by adults in Uruguay, Canada, Malta, Luxembourg, Germany, and South Africa after lawmakers in those countries adopted national adult-use cannabis legalization measures.

Additionally, court decisions have been rendered in at least Spain, Italy, and Mexico that afford some level of protection for adult cannabis consumers. Cannabis is also legal at the state level in two dozen states in the U.S., and recreational pilot trials are operating in the Netherlands and Switzerland.