President Yoweri Museveni recently signed the Narcotics and Psychotropic Substances (Control) Act 2023 into law, one of the five bills endorsed.
This legislation permits the licensing, cultivation, and usage of marijuana strictly for medical purposes, imposing severe penalties for various offenses related to substance abuse.
The law also sanctions the cultivation of marijuana and khat for medical and authorized use, accompanied by stringent penalties such as property forfeiture, lengthy jail terms, and substantial fines for violators.
The bill was passed by parliament last year after the Constitutional Court in Kampala nullified the entire Narcotic Drugs and Psychotropic Substances Control Act of 2016, citing a lack of the required quorum during its passage.
A panel of five Justices unanimously allowed a 2017 petition filed by Wakiso Miraa Growers and Dealers Association Limited against the Attorney General.
The nullification was a result of a legal challenge led by lawyers Isaac Ssemakadde and Sheila Namaye Wagidoso on behalf of the petitioners.
The petitioners contested the 2016 Act’s prohibition and criminalization of the cultivation, possession, consumption, sale, distribution, transportation, and exportation of Catha edulis (khat) – known as Miraa or Mairungi in Uganda.
They argued that the prohibition lacked scientific evidence and adversely affected the livelihood, property, and cultural and socioeconomic rights of Miraa farmers, sellers, and consumers.
The Constitutional Court, acknowledging the evidence presented by Counsel Namaye and her colleague, ruled that the Parliament violated its own rules of procedure, emphasizing the importance of quorum during the voting stage for a bill to be lawfully passed.
Following the nullification, the Parliamentary Health Committee engaged in drafting a new bill to regulate narcotics and psychotropic substances. Stakeholders, including lawyers, were invited for consultations to provide their insights on the new legislation.
Lawyers from Maxim Advocates attended a consultation meeting on August 14, 2023, presenting their views on how the new law should be structured.
The invitation from the Clerk of Health Committee stated, “After the meeting, we will consider all the views that you and others presented in the Bill.”
Subsequently, Parliament passed the bill, which President Museveni signed into law as the Narcotics and Psychotropic Substances (Control) Act 2023.
