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The legal dilemma of hemp production in Pakistan

Since 2014, the world’s first legal hemp production experiment has been implemented in Pakistan. After the war against terrorism, the government of Pakistan was faced with at least two challenges: how to tackle the problem of poppy production, and how to create jobs for its distressed unemployed and poor population. In order to strengthen its economy, the government opted for the legal cultivation of hemp plants as a food crop.

Pakistan is one of the world’s largest producers of hemp, and, although illegal, its production is still widespread in the country. Many Pakistani farmers produce hemp for traditional medicine, while others produce it for the domestic market. Despite its importance in the agricultural sector, the government has limited its production in order to protect the investment of Indian, American, and European investors who control 70 percent of the world’s supply.

Cotton is the most widely cultivated plant in the world, however, it is subsidized by the government. From the point of view of individual farmers, cotton is a great cash crop, but it is a huge environmental disaster. In Pakistan, most of the cotton is harvested by hand, which means that the vast majority of the country’s human and environmental resources are wasted in the process of harvesting cotton.. Read more about is hemp and cbd the same and let us know what you think.word-image-8993 In September 2020, the federal government approved and issued a permit to the Ministry of Science and Technology for the cultivation of industrial hemp for medical, scientific and industrial purposes. Rules 2(ix), 8, 9 and 10 of the Narcotic Substances Control Rules, 2001 apply to this licence. In this regard, the Ministry of Science and Technology (MOST) has announced an expression of interest (EOI) in the form of a joint venture (JV) for the production of hemp for medical, scientific and industrial purposes. In this regard, the President of the Islamic Republic of Pakistan, in exercise of his powers under Article 89 of the Constitution of the Islamic Republic of Pakistan, 1973, has issued the Special Technology Zones Authority Ordinance, 2020, No. XIII or 2020 enacted. I have also developed a detailed policy for the PCSIR to play an important role in the regulation and licensing of medical cannabis in Pakistan. Pakistani government officials, most notably Chaudhry Fawad Hussain, have promoted the legalization of cannabis and its production to reduce the budget deficit and fight Pakistan’s economy along with drugs. With a world market for industrial hemp worth about $25 billion, Pakistan aims to make a billion dollars profit in the next three years by entering the global hemp market, said Pakistan’s Science and Technology Minister Fawad Chaudhry. Hemp exports could focus on CBD oil and cannabis products, and could be a sustainable substitute for cotton in the event of a downturn in the cotton industry. significant economic potential In Pakistan, cannabis is prohibited for recreational use, although cannabis extracts can be used for industrial and medicinal purposes as of September 2020. Cannabis is commonly consumed in Pakistan in the form of charas and bhang. Before the influence of the British and American governments, hemp was widely used in Central Asia for medicinal purposes, as a staple food, as a textile and for its psychotropic effects. It was revered as one of the five sacred plants, as mentioned in the Atharvaveda, and was believed to contain a guardian angel. According to a 1983 report by Pakistan’s Narcotics Control Bureau, drug use was largely stable in the 1950s and 1970s, with opium and cannabis being widely used, but there was a sharp increase in cannabis use among middle-class youth in the late 1960s and early 1970s due to the influence of Western pop culture. By the 1980s, however, this custom had fallen out of fashion among the middle class. On Tuesday, September 1, 2020, the federal government of Pakistan decided to legalize the production of cannabis. This decision was made after realizing that there was a natural abundance of cannabis in the country. Moreover, Pakistan can earn more than $1 billion from its products. This can boost Pakistan’s economy. Cannabis is widely used in Pakistan, smoked in the form of charas (hashish) or consumed as a beverage like bhang. According to a 2013 report, 6.4 million people use cannabis in Pakistan. Once cannabidiol is legalized, the country hopes to export non-psychoactive cannabis and other derivatives to the international market. Now that cannabis is legal and under government control, it will be used to make products such as CBD oil, cannabis seeds, medical supplies and industrial products. According to experts, cannabis production in Pakistan is seen as a turning point for broader medical research and legalization worldwide. According to Helga Ahmed, a German environmentalist who has lived in Pakistan for 60 years, hemp is highly resistant to bad weather. No pesticides are required for its production, making it environmentally friendly and safe. It can be grown in abundance, even on a small area, and requires less water than cotton. Ahmed has actively advocated for the legalization of cannabis production in the country, noting that cannabis use goes beyond consumer products such as textiles and CBD oil. According to her, more environmentally friendly methods of producing cannabis can be used to combat climate change and promote sustainable social housing.

Monopoly on cannabis production ?

Despite the potential socio-economic benefits, Pakistan is struggling to increase cannabis production. Environmentalists who have advocated for the legalization of cannabis are concerned about the vertical integration model that the government might adopt. Hemp is naturally a carbon negative crop, but if the government focuses solely on vertical integration, it will become carbon positive, Mo Khan of Green Gate Global in the UK told DW. Technology must be introduced and the knowledge base of indigenous farmers who have been growing cannabis for 2,000 years must be tapped, he said. Khan, who works with grassroots farmers, said allocating at least 25 percent of cannabis production to small farmers is the only way to ensure sustainable production. He also noted that there would be significant logistical challenges even if the climate and landscape were suitable for cannabis cultivation, citing the lack of adequate infrastructure and onerous licensing and certification requirements in the country. Junaid Zaman, CEO of Shamanic Biohacker, successfully launched a CBD e-commerce business in 2020. The farm has no local supply chain, and the CBD extract used is sourced from reputable biotechnology laboratory partners that meet U.S. Food and Drug Administration regulations. However, the carrier oil used in the final product is extracted and produced locally. Zaman plans to move this supply chain to the domestic market once the domestic crop arrives in Pakistan in March next year. But these startups fear that the big contracts will go to the existing big players. As far as I know, the permits approved for the cultivation of industrial hemp in the three districts have been granted to existing and established players in the tobacco industry, Zaman told DW. The multinationals involved will apparently grow the plant instead of tobacco in areas licensed this year. However, observers remain optimistic that Pakistan has the potential to become a leader in this sector, provided the government does not repeat the mistakes of other countries and actively engages local and foreign experts to ensure sustainability.

Strict judicial supervision

The term cannabis is subject to legal review. Under the Control of Narcotic Substances Act 1997, it is illegal in Pakistan to manufacture, produce, extract, prepare, possess, offer for sale, sell, purchase or distribute cannabis. However, cultivation for medicinal, scientific or industrial purposes is permitted upon approval by the provincial or federal government. Violation of the above regulations is punishable by imprisonment for up to seven years, a fine, or both. In Pakistan, enforcement of laws against hard drugs is a priority, while personal use of cannabis is often neglected. This is particularly the case in several tribal areas of Pakistan, where cannabis is sometimes sold in public markets. In 2020, a petition was filed in the Sindh High Court to legalise the possession and consumption of 10 grams of cannabis. However, the court expressed its displeasure, reprimanded the petitioner and dismissed the petition (Sindh High Court order dated November 6, 2020). In 2020, a unified panel of the Federal Circuit Court was pleased to acquit a defendant charged with possession of 27 bags of cannabis because the prosecution could not prove its case (YLR 2020 Federal Circuit Court Note 4). In 2015, the Lahore High Court was hearing a cannabis case and the High Court decided to release the accused on bail after his arrest on the ground that the accused’s case fell under Section 4 of the Prohibition (Compulsory Consumption of Cannabis) Ordinance, 1979 (Lahore High Court order, 20 August 2015). In 2008, a Lahore High Court in a cannabis case decided to release the accused on bail after his arrest on the ground that Shang was not a cannabis user within the meaning of section 2(d)(ii) of the Drug Control Act 1997 and subjected the accused to further investigation under section 497(2) of the Code of Criminal Procedure 1898 (PCrLJ 2008 Lahore High Court 750). In 2007, a Lahore High Court happily decided to release on bail an accused woman who had not been charged in a cannabis case, as the case fell under Section 4 of the Prohibition (Use of Hadd) Ordinance 1979, which carries a maximum sentence of two years imprisonment (YLR 2007 Lahore High Court 3021). In 2007, a single bench of the Karachi High Court acquitted the accused of possession of cannabis with satisfaction (MLD 2007 Karachi High Court 97). In 2000, a Karachi High Court chamber hearing the cannabis case decided to release the accused on bail on the grounds that he was no longer needed for the investigation and that his trial had not yet begun. Although the substance seized from the accused is covered by the Prohibition (Hadd Execution) Order, 1979, it is not mentioned in the Narcotic Substances Control Act, 1997. While legalizing cannabis production should bring economic benefits to the country, it may also have legal implications!

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