Reported by Kerry Howard Mwesigwa
The Judiciary in Uganda has clarified that use of Marijuana remains illegal in Uganda despite the recent Constitutional Court ruling nullifying the Narcotic Drugs and Psychotropic Substances (Control) Act of 2015.
In a press statement issued by the Judiciary on 09th May 2023, the marijuana, Catha edulis (Khat) locally known as “miraa” or “mairungi” and other narcotic substances remain illegal under the National Drug Policy and Authority Act
Social media has been awash with news that the Constitutional Court in its judgment, in Constitutional Petition No.001 of 2017, delivered on May 5, 2023 had legalized the use of marijuana. Judiciary emphasized that such news are are based on a wrong interpretation of the decision of the Constitutional Court.
In 2015, the Parliament of Uganda passed The Narcotic Drugs and Psychotropic Substances (Control) Act, which regulates the control of various drugs, including marijuana and Catha edulis (Khat), which is locally known as “miraa” or “mairungi”. The Act repealed certain sections of the National Drug Policy and Authority Act, which had previously restricted the supply, possession, use, and cultivation of narcotic substances.
However, in 2017, the Wakiso Miraa Growers and Dealers Association Limited challenged the legality of the Act in Constitutional Petition No.001 of 2017. The Constitutional Court ultimately agreed with the Petitioners and declared the Act null and void for lack of quorum by Parliament in passing it.
The annulment of the Act however did not invalidate the provisions of the National Drug Policy and Authority Act that restricted the use of narcotics. Therefore, substances previously restricted under the National Drug Policy and Authority Act remain restricted.
The Judiciary emphasised that while Parliament still reserves the power to legislate on the same subject, the National Drug Policy and Authority Act remains in effect, and the use of marijuana and other restricted substances is prohibited. The Judiciary statement emphasized that it is crucial to respect the law and make responsible choices that prioritize personal and public safety.
