Reported by Kerry Howard Mwesigwa
The Constitutional Court in Kampala has nullified the Narcotic Drugs and Psychotropic Substances Control Act of 2015 in Uganda, which prohibited the sale and use of several narcotic drugs, including Marijuana and Miraa. The court’s decision followed a petition by farmers of Miraa against the law that described the crop as a narcotic drug and consequently banned it in the country.
The court ruled that the manner in which the entire law was enacted was illegal and the only remedy was nullifying it. The court further declared that the Act was passed without the necessary quorum in Parliament and therefore was null and void. As a result, legal experts have indicated that the prior law, the National Drug Policy and Authority Act, which was replaced by the Narcotic Drugs and Psychotropic Substances (Control) Act in 2015, is now in effect to fill the legal void.
Members of Wakiso Miraa Growers and Dealers Association Ltd, who petitioned the court, welcomed the development as a big victory.
The ruling has, however, attracted criticism from health rights activists that have expressed concern about a possible increase in mental health cases and exposure of more people to drugs. Moses Talibita, the Uganda National Health Consumers Organization Legal Officer, stated that the prevalence of mental health cases demands the government to increase health workers to reach out and mitigate the issue. Furthermore, he added that there is nothing wrong with the Narcotics law and it is intended to protect and support families. It is worth noting that the government had classified Mairungi as a prohibited drug because it increases blood pressure and elicits feelings of increased alertness and arousal.
