Uganda's parliament has enacted the landmark Narcotics and Psychotropic Substances Control Bill 2023, signaling a pivotal change in the nation's approach to controlled substances.
The newly passed legislation authorizes the licensed cultivation and medical usage of marijuana, while concurrently instituting severe penalties for substance abuse-related infractions. This groundbreaking move comes after the Constitutional court annulled the 2016 Narcotic Drugs and Psychotropic Substance Control Act in May, spurred by a successful legal challenge from the Wakiso Miraa Growers and Dealers Association.
A key factor in the court's decision was the parliament's failure to maintain a quorum during the passage of the 2016 law. Following three exhaustive sessions, the 94-clause bill was ratified in August 2023, sparking intense debate among lawmakers. Pending presidential approval, the first clause of the bill will take immediate effect. Wilson Kajwengye, the chairman of the Defense and Internal Affairs committee, underscored the urgency of addressing existing regulatory voids concerning narcotics and psychotropic substances.
Designed to align Uganda's stance on drug and psychotropic abuse with nations practicing zero tolerance, the new law reserves cultivation of marijuana and khat for medical and other authorized purposes only. Violators face harsh consequences, including asset forfeiture, extensive incarceration, and hefty fines.
Kajwengye recommended centralizing license issuance under the ministry of Health to ensure restricted medical usage, while entrusting the ministry of Internal Affairs with enforcement responsibilities.
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Khat will also be classified as a controlled substance, its cultivation and consumption conditional on licensing and medical prescriptions. International obligations will strictly govern the regulation of both cannabis and khat. Attempts to exempt khat from the list of controlled substances were thwarted.
Asha Kabanda Nalule's motion to delist khat was overwhelmingly rejected, with Attorney General Kiryowa Kiwanuka warning of escalating substance-related problems if khat remained unregulated. Notably, clause 10 imposes life imprisonment for administering narcotics or psychotropic substances to minors. Clause 11 mandates licensing for farmers cultivating prohibited substances, with non-compliance resulting in imprisonment. Pharmacists found prescribing restricted drugs could face severe fines or ten years in prison, according to Clause 7.
Clause 8 stipulates that medical professionals violating these regulations will be struck off the professional registry. While proposals to include police and army personnel in specific provisions were declined, the state minister for Internal Affairs, General David Muhoozi, lauded the law's enactment, emphasizing its role in mitigating the social toll of substance abuse.
In closing, deputy speaker Thomas Tayebwa exhorted parents to monitor their children's well-being closely, underscoring the vital necessity of this legislation for families afflicted by substance abuse.
