Parliament Approves Bill for Medical Marijuana, Khat Use and Stricter Drug Offense Penalties

Parliament on Tuesday passed the Narcotics and Psychotropic Substances (Control) Bill, 2023.

This law allows the licensed cultivation and use of marijuana, mainly for medical purposes, and imposes severe penalties for drug-related offenses. The bill, comprising 94 clauses, was approved on August 22, 2023, following thorough deliberations by MPs.

If the President gives his approval, the law will be enforceable immediately. This move was driven by the need to regulate narcotics and psychotropic substances more effectively.

This bill comes in response to the Constitutional Court’s annulment of the Narcotic Drugs and Psychotropic Substances Control Act, 2016, due to a lack of parliamentary quorum during its passing.

The new law permits the cultivation of marijuana and khat exclusively for medical and authorized uses, with stringent penalties, including property forfeiture and lengthy prison sentences, for those who break the law.

The law also seeks to protect children, imposing life imprisonment on anyone who administers drugs or psychotropic substances to a child without a valid medical reason.

Medical professionals who prescribe prohibited substances will face heavy fines and removal from the professional registry.

Efforts to declassify khat from the list of banned substances faced opposition, with concerns about potential health and social impacts.

Despite these debates, the bill was passed with an emphasis on curbing substance abuse and protecting public health.

Overall, this new law reflects a concerted effort to regulate narcotics and psychotropic substances more rigorously while emphasizing the importance of protecting public health and safeguarding children from drug-related harm.

Penalties;

1. Intoxicating Children:
   • Anyone who supplies or administers a narcotic drug or psychotropic substance to a child where it’s not required for their treatment commits an offense.
   • Penalty: Fine not exceeding fifty thousand currency points or imprisonment for life, or both.
2. Unauthorized Cultivation:
   • Farmers involved in the cultivation of prohibited substances (like marijuana and khat) without obtaining licenses from the health ministry will face penalties.
   • Penalty: Jail time 1-10 years or fine between 480000 and 2.4 million.
3. Unauthorized Prescription by Pharmacists:
   • Pharmacists who prescribe any of the prohibited drugs and substances under the Act will be subject to penalties.
   • Penalty: Fine of Shs1 billion, 10 years in jail, or both.
4. Medical Professionals’ Misconduct:
   • Medical professionals who prescribe and supply prohibited substances in violation of their duties under the Act will face consequences.
   • Penalty: Removal of their names from the professional registry.
5. Conducting Unauthorized Searches and Arrests:
   • Authorized persons who conduct arrests or searches without reasonable cause will be held personally liable.