Judiciary clarifies on legality of Narcotic Drugs and Psychotropic Substances (Control) Act
The Judiciary has trashed claims that a recent constitutional court ruling squashing The Narcotic Drugs
and Psychotropic Substances (Control) Act means use of narcotics is legal.
In 2017, Wakiso Miraa Growers and Dealers Association Limited filed Constitutional Petition No.0001 of 2017 in the Constitutional Court challenging the enactment of the Act. Court ruled in their favour, squashing the law.
In a communication dated May 09,2023, the judiciary acknowledges that much as the law was dismissed for lack of quorum in Parliament during its passing, it doesn’t mean the use of cannabis is legal.
The statement reads in part : “Attention of the Judiciary has been drawn to different media articles claiming that the Constitutional Court in its judgment, in Constitutional Petition No.001 of 2017,
delivered on May 5, 2023 legalized the use of marijuana.
Judiciary clarifies on legality of Narcotic Drugs and Psychotropic Substances (Control) Act
This is to clarify that that is not the correct interpretation of the decision of the Constitutional Court as claimed in those articles.”
It reads further: “It is indeed true that in 2015, the Parliament of Uganda passed The Narcotic Drugs
and Psychotropic Substances (Control) Act (herein after referred to as the Act) which set the control of various drugs including marijuana and Catha edulis (Khat) locally known as “miraa” or “mairungi”.
The judiciary explains that an existing law under the National Drug Policy and Authority Act 1993 has sections that prohibit the supply, possession, use and cultivation of narcotic substances.
“Act repealed sections 26, 29, 47, 49 and 60(1) (b) and (c) of the National Drug Policy and Authority Act which restricted the supply, possession, use and cultivation of narcotic substances. The Act created various offences for use and being in possession of the same substances without lawful excuse.”
Adding that : “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.”
“For now, it should be known that the Constitutional Court did not and has never legalized the use of the restricted drugs and/or substances under the impugned law. Members of the public are therefore implored to observe the law.”
Judiciary clarifies on legality of Narcotic Drugs and Psychotropic Substances (Control) Act
