The Judiciary has clarified that last week’s Constitutional Court ruling nullifying the Narcotic Drugs and Psychotropic Substances (Control) Act did not mean that the use of marijuana has been legalised in the country.
Last week, the Constitutional Court, while responding to a 2017 petition by Wakiso Miraa Growers and Dealers Association Limited, declared the Narcotic Drugs and Psychotropic Substances (Control) Act as null and void for lack of quorum by Parliament in passing it.
But according to Judiciary spokesman Jameson Karemani, while the Act was nullified, the National Drug Policy and Authority Act, which regulates the use of restricted substances such as marijuana and Catha edulis (Khat) locally known as “miraa” or “mairungi” is still in existence.
“The annulment of the Act does not invalidate the provisions of sections 26, 29, 47, 49 and 60 (1) (b) and (c) of the National Drug Policy and Authority Act, which is now the applicable law in regard to regulation and use of restricted substances. Therefore, the substances previously restricted under the National Drug Policy and Authority Act remain restricted,” he said on Tuesday, 09 May 2023.
‘It is however imperative to note that Parliament still reserves the power to legislate on the same subject should it find it necessary,” he added.
This comes after police also said they will continue to enforce the existing law against narcotics despite last week’s court ruling.
“Fortunately, the old law of the NDA was not affected by the ruling and is still in force. Therefore, the police, DPP and Judiciary, will continue to afford their old powers, to tackle narcotics related offences in the Act. The drugs under the NDA are illegal, because they are harmful and affects both physical and mental health, relationships, career prospects, crime and the wider society,” Police spokesman Fred Enanga said on Tuesday, 09 May 2023.
Enanga said last year, 2022, a total of 2,797 cases of Narcotics/Drugs were reported to the police country wide, compared to 1,668 cases reported in 2021, thus giving a 67.7% increase in the crime category.
“A total of 4,818 suspects were arrested and charged to court, including 137 juveniles. Cannabis has consistently been the most used drug, followed by cocaine,” he said.
Part IV of the Act provides for the restrictions of Narcotics, Section 47, prohibits the possession of narcotics, without lawful excuse; Section 48, prohibits the smoking of opium or Indian hemp, use of premises by persons smoking opium or Indian hemp etc and Section 49 prohibits without consent of the Minister, cultivation of plants yielding narcotics.
“As the UPF, we still maintain a zero-tolerance approach to the consumption of substances prohibited under the NDA. All our territorial commanders have been instructed to maintain or step-up enforcement action against offenders and enhance deterrence efforts to help stop narcotic drugs consumption in the country and crimes driven by it. Our neighbourhoods don’t deserve to be victim to drug dealers,” he said.
