A flurry of conflicting proposals has emerged from various Government Ministries, Departments, and Agencies (MDAs) in relation to the legal standing of marijuana, as the Parliament grapples with the potential criminalization of the psychoactive drug derived from the cannabis plant.
The focal point of this debate is the recent reintroduction of the Narcotic Drugs and Psychotropic Substances Bill on May 23 by the Attorney General. The bill seeks to criminalize multiple aspects of cannabis and khat (locally known as Miraa) use, cultivation, supply, and trading.
The original Narcotic Drugs and Psychotropic Substances Act was initially passed in 2015 but was nullified by the Constitutional Court in 2017 due to inadequate quorum during the bill’s passage.
Subsequently, in June, Parliament’s Defense and Internal Affairs Committee scrutinized the Bill once more and presented a report, which was later returned by the Speaker of Parliament, Anita Among, citing substantial alterations in the proposed principles.
Minister of Internal Affairs Maj. Gen Otafiire Kahinda, while addressing the Committee, proposed legalizing marijuana. He emphasized its potential as a cash crop and medicinal substance.
This proposition garnered support from Kepher Kuchana Kateu, Director of the Government Analytical Laboratory, who emphasized the medicinal value of khat and its raw material contributions to textile industries.
In contrast, Dr. Juliet Nakku, Director of Butabika National Referral Hospital, advocated for the criminalization of cannabis production and sale. Dr. Nakku noted that cannabis and khat consumption ranked second only to alcohol use among rehabilitating patients at Butabika Hospital. She underlined its association with slow recovery and relapse.
Dr. Jane Ruth Aceng, Minister of Health, dismissed the argument put forth by Uganda Miraa growers regarding the economic benefits of drug production and sale. She cautioned against legalizing these substances, citing potential negative consequences and urged the protection of the population’s well-being.
“Let’s study the economies of countries where such drugs are legalized and see whether they are growing; we had better protect our people before we go into something we do not know,” Dr. Aceng remarked.
Bukooli County Member of Parliament Adidwa Abudu questioned the Ministry of Internal Affairs’ shift in stance regarding khat’s inclusion in the list of prohibited narcotic drugs. The same Ministry had previously urged Parliament to pass the 2015 Narcotic Drugs and Psychotropic Substances Act due to increasing mental health disorders in the country.
Dr. Henry Ddungu, Board Chairperson of the Palliative Care Association of Uganda, emphasized the dual obligation framework established by the Single Convention on Narcotic Drugs of 1961. He emphasized the need to ensure medical access to controlled substances while preventing their misuse. Dr. Ddungu asserted that heavy criminal justice responses to controlled substances could violate patients’ rights.
The Health Committee Chairperson Dr. Charles Ayume and Wilson Kajwengye, the Defense and Internal Affairs Committee Chairperson, indicated that all divergent stakeholder perspectives would be considered and presented to Parliament for final consideration.
The Government’s intention to rectify shortcomings in the National Drug Policy and Authority Act, Cap206, has been highlighted, as the current legislation is deemed inadequate in addressing illicit drug cases in the country.
In the event of conviction for possessing narcotic drugs or psychotropic substances under the new Bill, offenders may face a fine of 10 million Shillings or imprisonment of up to 10 years. Various penalties are also stipulated for actions such as smoking, inhaling, sniffing, chewing, or using narcotic drugs or psychotropic substances.
For trafficking these substances, the punishment could be a fine of 10 million Shillings or life imprisonment. The Government has emphasized the need to remove medical practitioners convicted of improper drug prescription from professional bodies to prevent misuse on medical grounds.
ends