In a landmark decision, the Parliament passed the Narcotic Drugs and Psychotropic Substances (Control) Bill, 2023 last evening, ushering in a new era of stringent penalties for those involved in the possession, use, trafficking, and cultivation of banned substances, most notably khat (Catha edulis) and marijuana (Cannabis Sativa). This move comes after the Constitutional Court’s nullification of the previous Narcotic Drugs and Psychotropic Substances (Control) Act 2015 due to a lack of quorum at the time of its passage by Parliament.

Chaired by Deputy Speaker of Parliament Thomas Tayebwa, the plenary session, attended by 202 lawmakers, with 161 physically present and 41 joining via Zoom, gave resounding approval to the Bill. The legislative changes aim to bolster the fight against the supply and use of illicit drugs and substances, while also addressing the challenges posed by drug trafficking and abuse on both a national and international scale.

The contentious inclusion of khat, commonly known as mairungi, on the list of prohibited drugs has sparked debates among lawmakers. Efforts by certain members, including Mr. Timothy Batuwa of Jinja South, to have khat removed from the list were unsuccessful. Mr. Batuwa argued that such a move was “against the East Africans.” On the other hand, proponents of the bill, like Busiro South MP Charles Matovu, assert that categorizing Catha edulis as a narcotic drug could jeopardize the livelihoods of those who depend on it. Butambala Woman MP Aisha Kabanda also called for alternative sources of livelihood for constituents in Butambala District, a prominent grower of the banned crop.

The new legislation introduces a range of penalties, including substantial fines and jail terms, for individuals involved in various drug-related offenses. Trafficking narcotic substances could result in fines of up to Shs1 billion a life prison sentence, or both. The law also addresses the supply of narcotics to children without medical justification, imposing similar penalties.

Importantly, the Bill empowers law enforcement agencies with enhanced resources to combat drug-related issues. It also allows for the inspection of land or premises suspected of cultivating prohibited plants and grants the government the authority to seize properties acquired through proceeds from narcotic sales, subject to High Court approval.

The Bill has been in the works since its first reading on May 23, when it was referred to the House Committee on Defence and Internal Affairs chaired by Nyabushozi County MP Wilson Kajwegye. More than 15 entities, including government ministries, departments, agencies, and private sector organizations, were consulted during the committee stage to shape the final contents of the Bill.

This legislative move marks a significant step forward in the nation’s efforts to tackle drug-related challenges and promote public health and safety. As the Bill awaits presidential assent to become law, its impact on curbing the supply and use of illicit drugs and substances is anticipated to be far-reaching.

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