Gandaki pushes marijuana law through despite federal law concerns

Gandaki Province in Nepal has passed a controversial bill to regulate marijuana cultivation for medicinal and industrial uses, overcoming constitutional hurdles. Province Chief Dilli Raj Bhatta authenticated the "Bill to Regulate and Utilise Marijuana Cultivation for Medicinal and Industrial Purposes" on Monday, following its second endorsement by the Gandaki Provincial Assembly.

The bill's journey to becoming law was marked by debate. It was initially passed on July 9 and sent for authentication on July 14. However, on July 24, Bhatta returned it, citing potential conflicts with federal laws like the Narcotic Drugs (Control) Act, 1976, and questioning provincial jurisdiction. This marked the first time a province chief had returned a bill for reconsideration in Gandaki's history.

The provincial assembly, however, rejected these concerns. During a meeting on Friday, Minister for Industry, Commerce and Tourism Yasoda Rimal proposed reconsideration, and members from both ruling and opposition parties unanimously passed the legislation again in its original form. They argued that Article 304(1) of Nepal's constitution allows provincial laws under exclusive provincial powers to prevail over older federal legislation after a transition period.

The bill is now in effect, establishing a legal framework for marijuana cultivation. The province aims to promote its lawful utilization, increase farmers' incomes, and encourage investment in medicinal and industrial processing.

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article 304(1) of the constitution allows provincial laws enacted under the province’s exclusive powers to prevail, even if they conflict with older federal legislation, after the constitutionally specified transition period.