Botswana's first official cannabis cultivation license

The High Court of Botswana has upheld the exclusive rights of Fresh Standard to produce industrial hemp and and medical marijuana in the country.

The Gaborone-based company initially received its license in October 2018, through a exemption from cultivation issued directly by the Ministry of Agriculture. Nevertheless a few months later, on May 7, 2019, the Botswana police narcotics unit raided the cannabis farm and uprooted the plants.

Barend de Beer, the farm's owner, then learned that his license had been withdrawn by the Permanent Secretary of the Ministry of Agriculture. He then went to court in Botswana, arguing that he had a valid license for his business - the supply of’hempseed oil and medical by-products.

In finally granting Fresh Standard permission to continue, the High Court Judge of Botswana noted that the Permanent Secretary had acted outside his jurisdiction.

«The Minister has never delegated his powers to the Permanent Secretary, or to any other person for that matter, as these are not delegable,» the judgment reads.

During the trial, the then Minister of Agricultural Development and Food Security, Patrick Ralotsia, stated that he had not cancelled the license. In fact, he rejected the Permanent Secretary's intention to ask Fresh Standard to suspend its activities pending the establishment of a multi-varied committee to carry out consultations.

«I find as a fact that the Minister never withdrew the exemption. It is declared that the exemption letter constitutes a valid and legal exemption under section 20 of the PPA. The defendant is required to pay the costs of this application, including the costs of lead counsel,» said Judge Gabanagae.

La Zambia, l’Uganda, the Zimbabwe, the Malawi, Democratic Republic of the Congo Lesotho, l’South Africa, Kenya and Ghana are among the African countries that allow the cultivation of cannabis as a legal cash crop.