POKHARA: Gandaki Province Chief Dilli Ram Bhatta has returned the cannabis bill passed by the Gandaki Province Assembly for reconsideration.
According to Praveen Paudel, spokesperson for the Office of the Province Chief, the Bill was sent back to the provincial assembly with a message for review.
The Bill to Regulate and Utilize Cannabis Cultivation for Medicinal and Industrial Purposes was unanimously passed by the Provincial Assembly on July 9.
It was sent to the Office of the Province Chief for authentication on July 14. However, Province Chief Bhatta returned it to the Assembly on Friday as per Article 201 (3) of the Constitution of Nepal, 2015, stating that it contradicts the constitution and federal laws.
The bill had drawn widespread attention as it was seen as opening a legal pathway for cannabis cultivation in the province. The bill was first registered in the Provincial Assembly in November last year.
While returning the bill, the Province Chief particularly referred to provisions of the Constitution of Nepal, the Intergovernmental Relations Act (Coordination and Interrelation), 2020 and the existing federal drug laws.
The constitution clearly states that provincial laws must not contradict federal laws. Article 57(6) of the constitution states that laws made by provincial or local assemblies must not conflict with federal laws, and any such conflicting provisions will be invalid.
Similarly, Section 4(2) of the Intergovernmental Relations Act, 2020 requires provinces to consider, among other things, that their laws and policies must not contradict federal laws.
The federal Narcotic Drugs (Control) Act, 1976, defines cannabis, including medicinal cannabis, as a narcotic drug. Section 4 of the Act prohibits activities such as cultivation, production, preparation, purchase, sale, distribution, import, export, transport, storage and consumption of cannabis.
Earlier, the Bill registered by the provincial government was extensively discussed in the provincial assembly’s Finance and Development Committee. Minister for Industry and Tourism Yashoda Rimal had tabled the proposal for clause-wise discussion in the assembly on July 9.
The Bill allows cannabis cultivation by registering a separate company. It states that the fees and procedures will be detailed in regulations, with separate rates for medicinal and industrial purposes. The license would be valid for five years.
According to the Bill, the provincial government would designate specific districts or local areas for cannabis cultivation based on recommendations from lower levels. While the original Bill proposed cultivation on barren or low-productivity land, the committee’s report amended this provision to allow designation of special areas for cultivation.
Gandaki’s new law allows cannabis cultivation for medicinal, industrial uses
