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This guide gives an easy-to-understand summary of how cannabis is treated under Namibian law as it applies in Oshakati. Cannabis - often called dagga in local terms - is regulated nationally. For most purposes, possession, sale, cultivation and distribution of cannabis remain offences under Namibian law. There are limited and tightly-regulated exceptions for medical, scientific or industrial uses where national authorities have issued licences or permits. Enforcement, prosecution and sentencing are handled under national criminal and regulatory systems and are applied by the Namibian Police Force, prosecutors and the courts in Oshakati.
Because laws and enforcement priorities can change, and because circumstances differ from case to case, this guide is for general information only and not a substitute for legal advice from a qualified lawyer in Namibia.
Legal matters involving cannabis can be complex and carry serious consequences. People commonly need a lawyer for the following reasons:
- Arrest or criminal charge for possession, consumption, cultivation or trafficking. A lawyer protects rights at the police station, advises on bail and prepares a defence strategy.
- Search and seizure issues. If police search property or seize plants, devices or money, a lawyer can challenge unlawful searches and work to exclude unlawfully obtained evidence.
- Sentencing and plea negotiations. Lawyers negotiate with prosecutors, present mitigation to the court and aim to reduce penalties or obtain alternatives to imprisonment.
- Licensing and compliance. Businesses or researchers seeking lawful licences for medical cannabis, research or industrial hemp need specialist legal help to prepare applications and meet regulatory conditions.
- Asset forfeiture and financial investigations. Where assets are seized because of alleged drug offences, lawyers work to protect property and contest forfeiture.
- Employment, housing and immigration consequences. A drug-related conviction can affect jobs, tenancy and immigration status - issues a lawyer can address or mitigate.
- Youth or family matters. If a young person is involved, a lawyer helps navigate juvenile procedures and child protection concerns.
Key legal points to keep in mind in Oshakati - reflecting national law as applied locally - include the following:
- Criminalisation of recreational use. Possession, smoking, cultivation and supply of cannabis for recreational use are generally criminal offences. Penalties vary depending on quantity, role in distribution and prior convictions.
- Distinction between personal possession and trafficking. The law treats small scale possession differently from possession with intent to supply. Larger quantities, packaging, scales or evidence of sale can lead to trafficking charges and much harsher penalties.
- Licensing for permitted uses. Medical, scientific and industrial hemp projects require explicit licences or permits from the appropriate national regulatory authority. Operating without a licence can attract criminal and administrative sanctions.
- Search, arrest and evidence rules. Police must follow proper procedures for arrests and searches. Evidence gathered unlawfully can sometimes be excluded, but this is fact-specific and requires legal challenge.
- Court process. Most drug cases start in a magistrate court; more serious matters go to higher courts. The prosecution must prove the elements of an offence beyond a reasonable doubt.
- Confiscation and forfeiture. Authorities may seize goods, cash and property suspected to be connected to drug offences. Legal challenges can be made to retain or recover assets.
- Youth and diversion. Children and young adults may be handled under special juvenile procedures or diversion programs depending on case facts and local practice.
Because statutes, regulations and enforcement practice can change, always confirm the current position with a local lawyer or official source.
No - recreational use, possession, cultivation and sale of cannabis are generally illegal under national law as applied in Oshakati. Limited exceptions exist only where a person or organisation holds a proper licence for medical, scientific or industrial purposes.
Penalties depend on the amount, whether there is evidence of intent to sell, and prior convictions. They can include fines, imprisonment, or both. Magistrate and higher courts decide sentences. A lawyer can explain likely exposure and run mitigation options.
Police can search property or vehicles if they have a warrant, or in certain urgent circumstances where the law permits a warrantless search. If you are searched, you should remain calm, note officer names and any warrant details, and speak to a lawyer before answering questions. Challenging an unlawful search is an important defence strategy in some cases.
If arrested stay calm, ask for the reason for arrest and request to contact a lawyer. You have the right to legal representation. Avoid making detailed statements to police without a lawyer present. A lawyer can help arrange bail and advise on steps to protect your rights.
No - growing cannabis for recreational personal use is illegal unless you have a specific licence or authorisation from the relevant national authority. Growing can lead to criminal charges that vary in severity depending on scale and intent.
There are limited, highly regulated pathways for medical or scientific use. Access typically requires authorisation or licensing by the relevant national health or medicines regulator, and strict compliance with permit conditions. These pathways are distinct from recreational use and require legal and medical oversight.
Options for record expungement or rehabilitation depend on the conviction type, sentence and applicable laws. In some cases there may be processes to apply for a pardon, expungement or non-disclosure, but these are not automatic and require legal assistance.
Yes. Employers, landlords and regulatory bodies may take adverse action based on arrests or convictions. Some professions have strict fitness-to-practise rules. A lawyer can advise on disclosure obligations and possible steps to limit impact.
Depending on the case, prosecutors may use diversion, cautioning or rehabilitation programs, especially for first-time or low-risk offenders. Plea agreements or community-based sentences may also be available. Early legal advice increases the chances of accessing non-custodial options.
Look for lawyers with criminal defence, administrative regulatory or licensing experience. Ask about past matters handled, outcomes, fee structure and availability. If cost is a concern, contact local legal aid providers or civil society organisations for assistance. Meet a lawyer early - ideally before any formal police interview.
When seeking help or information in Oshakati consider these types of organisations and authorities:
- Local police station and the Namibian Police Force for immediate law enforcement matters.
- Office of the Prosecutor-General for information on prosecutions and case progress.
- Ministry of Health and Social Services or the national health regulator for medical and medicines authorisations.
- Ministry of Justice for information about courts and legal procedures.
- Law Society or bar association in Namibia for lists of qualified lawyers and professional standards.
- Legal Assistance Centre and other legal aid or civil society organisations for free or low-cost legal help, information and referrals.
- Local magistrate courts in Oshakati for procedural information about hearings and filings.
Always verify current contact details and the precise remit of any body you contact. Names or responsibilities of agencies can change over time.
If you need legal assistance in a cannabis-related matter in Oshakati follow these steps:
- Stop speaking to police about the matter until you have legal advice. Use your right to consult a lawyer.
- Gather and preserve documents and evidence - IDs, correspondence, photos, receipts, witness names and any documents that relate to the incident or proposed licence.
- Contact a qualified lawyer experienced in criminal law, regulatory matters or licensing. If affordability is an issue, contact legal aid providers or the Legal Assistance Centre for guidance.
- Ask your lawyer about immediate steps - bail applications, urgent motions to challenge search or seizure, and timeframes for court appearances.
- If you are pursuing a lawful commercial, medical or research project, engage a lawyer early to prepare licence applications, ensure regulatory compliance and develop a risk management plan.
- Keep records of all interactions with authorities and follow your lawyer’s instructions about court dates, evidence and witness preparation.
Remember this guide is informational and does not create a lawyer-client relationship. Laws and enforcement practices change. For advice tailored to your situation consult a qualified Namibian lawyer in Oshakati as soon as possible.
