‘All cannabis is illegal in Namibia’
A senior forensic analyst says unlike some other countries, Namibia does not distinguish the illegality of cannabis based on the amount of tetrahydrocannabinol (THC) present, and that any trace of THC is illegal.
ADAM HARTMANN
SWAKOPMUND
The State’s last witness in the ongoing trial of Swakopmund resident Cheryl Green (59), in which she is facing charges of drug cultivation and possession, said that any amount of tetrahydrocannabinol (THC) found in cannabis is considered as an illegal dependence-producing substance.
“Cannabis in itself is not illegal, but all cannabis contains some THC; and it is this substance that makes cannabis illegal,” he told Swakopmund magistrate Conchita Olivier on Thursday.
Green was arrested at her house in July 2019 for allegedly growing cannabis and being in possession of cannabis seed and oil.
Medicinal use
She maintains that she grew cannabis (the hemp variety) to medicate her partner, Rainer Kring, who suffers from a motor neuron disease.
According to her, Kring's prescription medicine made him sicker, but research led her to believe that hemp (which contains mainly cannabidiol, or CBD) helps with neural regeneration. Hemp, according to her, contains less than 0.3% THC, and therefore is not addictive.
In fact, hemp seed and oil are for sale as health products at several pharmacies in Namibia, she said. She bought hemp seed at a pharmacy at Swakopmund, planted it at home, and eventually concocted a superior quality cannabis oil by combining virgin coconut oil and organic cannabis from her garden that resulted in noticeable improvements in her partner’s condition.
After her arrest, Kring's condition worsened, Green claimed.
“The forced removal of my hemp plants by the police has removed my ability to produce oil for my life partner, and has effectively removed his constitutional rights to life and health,” she argued in a previous court appearance.
Sold at pharmacies
Green’s lawyer, Richard Metcalfe, has repeatedly challenged State witnesses since the start of the trial about why Green was arrested for the same product that can be legally bought at shops, and none of them could give an answer.
He also challenged witnesses about the wording used in the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, claiming that “cannabis” was not specifically named anywhere in it.
The samples sent for forensic analysis did contain THC – but the quantity was not noted, which, according to Green and her lawyer, made a big difference between the legality of the hemp she possessed and the dagga or marijuana used as a recreational drug, which contains mainly THC.
Metcalfe said hemp contains only 0.3% THC, but Shomeya argued that quantifying THC was not applicable in Namibia, and was only used to differentiate between hemp and marijuana in some countries, such as Canada.
“When we test, we only test for the presence of THC, but some varieties have more than others,” he told the court.
The matter was postponed to 24 February.
SWAKOPMUND
The State’s last witness in the ongoing trial of Swakopmund resident Cheryl Green (59), in which she is facing charges of drug cultivation and possession, said that any amount of tetrahydrocannabinol (THC) found in cannabis is considered as an illegal dependence-producing substance.
“Cannabis in itself is not illegal, but all cannabis contains some THC; and it is this substance that makes cannabis illegal,” he told Swakopmund magistrate Conchita Olivier on Thursday.
Green was arrested at her house in July 2019 for allegedly growing cannabis and being in possession of cannabis seed and oil.
Medicinal use
She maintains that she grew cannabis (the hemp variety) to medicate her partner, Rainer Kring, who suffers from a motor neuron disease.
According to her, Kring's prescription medicine made him sicker, but research led her to believe that hemp (which contains mainly cannabidiol, or CBD) helps with neural regeneration. Hemp, according to her, contains less than 0.3% THC, and therefore is not addictive.
In fact, hemp seed and oil are for sale as health products at several pharmacies in Namibia, she said. She bought hemp seed at a pharmacy at Swakopmund, planted it at home, and eventually concocted a superior quality cannabis oil by combining virgin coconut oil and organic cannabis from her garden that resulted in noticeable improvements in her partner’s condition.
After her arrest, Kring's condition worsened, Green claimed.
“The forced removal of my hemp plants by the police has removed my ability to produce oil for my life partner, and has effectively removed his constitutional rights to life and health,” she argued in a previous court appearance.
Sold at pharmacies
Green’s lawyer, Richard Metcalfe, has repeatedly challenged State witnesses since the start of the trial about why Green was arrested for the same product that can be legally bought at shops, and none of them could give an answer.
He also challenged witnesses about the wording used in the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, claiming that “cannabis” was not specifically named anywhere in it.
The samples sent for forensic analysis did contain THC – but the quantity was not noted, which, according to Green and her lawyer, made a big difference between the legality of the hemp she possessed and the dagga or marijuana used as a recreational drug, which contains mainly THC.
Metcalfe said hemp contains only 0.3% THC, but Shomeya argued that quantifying THC was not applicable in Namibia, and was only used to differentiate between hemp and marijuana in some countries, such as Canada.
“When we test, we only test for the presence of THC, but some varieties have more than others,” he told the court.
The matter was postponed to 24 February.
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