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Cannabis in Namibia is regulated at the national level. Generally, possession, use, cultivation, sale and distribution of cannabis for recreational purposes are unlawful and can attract criminal charges. There are limited, tightly controlled pathways for permitted medical, scientific or industrial activities under national licensing regimes. Local enforcement in Otjiwarongo is carried out by the Namibian Police and prosecutions proceed through the Magistrate Court in Otjiwarongo and higher courts as required. Laws and enforcement priorities can change, so it is important to get current local legal advice if you face an issue involving cannabis.
People commonly seek a lawyer for cannabis matters because consequences can include criminal charges, civil disputes, loss of employment, immigration problems, or regulatory compliance failures if you are trying to operate a legitimate business. Examples of common situations where legal help is important include -
- Arrest or charge for possession, use, cultivation or distribution.
- Investigations for suspected trafficking or cross-border export/import.
- Challenges to a police search or seizure, or disputes about evidence handling.
- Accusations involving minors or possession near schools.
- Driving under the influence or related road offences.
- Employment or tenancy disputes linked to cannabis use or test results.
- Seeking licences, permits or regulatory approval for medical, research or industrial hemp projects.
- Trying to clear or reduce a criminal record through appeal or rehabilitation processes.
Key points to understand about cannabis law that are especially relevant in Otjiwarongo -
- Prohibition and penalties - National legislation criminalises unauthorised possession, cultivation, sale and distribution of cannabis. Penalties vary based on the amount, intent and whether the accused is charged with simple possession or trafficking.
- Possession versus intent to distribute - Small quantities intended for personal use are treated differently from larger quantities or evidence of commercial activity. Evidence such as packaging, scales, large cash sums or communications can lead to trafficking charges.
- Cultivation - Growing cannabis without an appropriate licence can attract serious penalties. Indoor or outdoor cultivation discovered by police is likely to be treated as an offence.
- Medical and research use - There may be licensing pathways for medical, scientific or industrial use under national regulators. These pathways are restricted and require formal applications and compliance with conditions.
- Enforcement and procedures - Police can arrest, search and seize where they reasonably suspect an offence. Chain of custody and forensic testing procedures are important for evidence. Cases are typically heard in the Magistrate Court in Otjiwarongo, with appeals possible to higher courts.
- Driving and public safety - Driving under the influence of cannabis can result in offence charges, and evidence of impairment may be tested through available means.
- Civil and administrative issues - Employers and landlords may have policies that restrict cannabis use, and you could face disciplinary or eviction procedures separate from criminal law.
Generally no. Cannabis is controlled under national law and unauthorised possession, cultivation, sale and distribution can be criminal offences. There are limited, regulated exceptions for approved medical, research or industrial activities. Local municipal authorities in Otjiwarongo do not have power to legalise recreational use.
Penalties depend on the amount, the circumstances and whether authorities allege intent to sell. Sentences can range from fines and community sanctions to custodial sentences for more serious matters. Courts consider factors such as prior convictions, the quantity of cannabis and behaviour during the incident.
Growing cannabis at home without an appropriate licence is unlawful. Home cultivation can lead to criminal charges whether the crop is small or large. If you believe you have a medical need, seek legal advice about approved pathways and the licensing process.
Status of CBD and hemp products depends on their composition and any applicable approvals. Products containing controlled amounts of tetrahydrocannabinol - THC - or that are not approved by the relevant health regulator may be treated as controlled substances. Read product labels carefully and seek legal or regulatory guidance before buying, selling or importing such products.
Access to medical cannabis is strictly regulated and generally requires approval from national health and regulatory authorities. This usually involves medical documentation, licence applications and compliance with strict rules. A lawyer can help you understand whether a lawful pathway exists for your medical situation and assist with applications.
Stay calm and do not resist. Ask if you are under arrest or free to leave. You have a right to remain silent - avoid making incriminating statements and politely say you wish to consult a lawyer. If arrested, ask to contact a lawyer immediately. Make note of officers names and badge numbers when safe to do so. Do not destroy or hide evidence - that can lead to extra charges.
Look for criminal law or regulatory lawyers with experience in drug law, regulatory compliance, or medical licensing. Contact the Law Society of Namibia or local legal aid organisations to find accredited practitioners. Ask prospective lawyers about their experience handling similar cases, fees, likely outcomes and the steps they will take for your matter.
Employers can have workplace policies that restrict drug use and may take disciplinary action if policies are breached or if use affects job performance or safety. Protection depends on employment contracts, workplace policies and whether testing is lawful. Employment disputes can involve separate civil or administrative proceedings where legal advice is helpful.
Driving while impaired by cannabis can lead to road traffic offences. Evidence of impairment may be based on observed behaviour, tests or forensic analysis. Convictions can carry fines, licence suspension and other penalties. If accused, seek legal advice promptly.
Whether a conviction can be expunged or set aside depends on Namibian law, the nature of the offence and the time since conviction. Routes may include appeals, pardons or rehabilitation provisions where available. A lawyer can assess eligibility and advise on the most appropriate process.
Organisations and bodies that can help you understand the law or find legal assistance include -
- The Namibian Police - local Otjiwarongo station for information about arrests and local enforcement.
- The Magistrate Court in Otjiwarongo - for procedural and court attendance information.
- The Office of the Prosecutor General - for questions about criminal prosecutions.
- Ministry of Health and Social Services - for medical and public health policy matters.
- National medicines or health regulatory authority - for information on permitted medical products and licensing requirements.
- Law Society of Namibia - for lists of licensed attorneys and professional standards.
- Legal Assistance Centre and community legal aid providers - for help if you cannot afford private representation.
- University law faculties or legal clinics - often provide public legal information or limited assistance.
If you need legal assistance with a cannabis-related matter, follow these practical steps -
- Stay calm and preserve information - keep any documentation, receipts, medical records or communications that relate to the matter.
- Limit what you say to police and others - you have a right to silence and to consult a lawyer before answering detailed questions.
- Find an experienced local lawyer - prioritise criminal defence lawyers for arrests, and regulatory or corporate lawyers for licensing or business matters. Ask about experience, strategy, fees and likely timelines.
- Prepare for your first meeting - bring identity documents, any charge papers, witness information, and a clear timeline of events. Be honest with your lawyer so they can give accurate advice.
- Ask about legal aid or pro bono options if you cannot afford private counsel.
- Follow legal advice about bail conditions, court appearances and communications with third parties. Do not try to resolve matters yourself by destroying evidence or making public statements that could be used against you.
- Keep records of all communications with authorities and your lawyer, and note upcoming dates for court or administrative hearings.
Disclaimer - This guide is general information and not a substitute for personalised legal advice. Laws and procedures can change. For advice tailored to your situation, consult a qualified lawyer licensed to practise in Namibia.
