Anti-Cannabis Law Repealed in Uganda, But Fight is Far From Over

In early May, 2023, Uganda witnessed a historic moment in its cannabis policy which captured attention both within and beyond its borders. In a landmark ruling, Uganda's Constitutional Court in Kampala declared the entire Narcotic Drugs and Psychotropic Substances Control Act null and void. The Court's decision was based on the grounds that the law had been passed “without the required quorum in Parliament.”

This ruling sparked a wave of jubilation among cannabis enthusiasts, both locally and internationally, who interpreted it as the legalization of cannabis in Uganda. However, as is often the case with cannabis-related court decisions worldwide, the reality is more complex than a simple legalization proclamation.

While the law has been struck down, it's important to note that the risk of arrest for the cultivation, possession, consumption, or sale of banned or restricted drugs still exists under other Ugandan legislation. 

In a recent press statement, the Judiciary clarified the extent of its ruling, emphasizing that it did not intend to legalize cannabis in Uganda through its decision. The Court specifically aimed to nullify the process by which certain provisions of the National Drug Policy and Authority Act were adopted, rather than removing restrictions on previously restricted substances.

The statement emphasized that substances previously restricted under the Act would remain restricted, and Parliament retains the power to legislate on the subject if it chooses to do so. The Court's decision in Uganda was undoubtedly a significant milestone, but it fell short of the magnitude that many cannabis advocates had hoped for or claimed. Unfortunately, the battle to end cannabis prohibition in Uganda is far from concluded.

Security forces in Uganda frequently conduct raids, destroying cannabis and khat farms on private land. The sale and recreational use of these herbs are also illegal, leading to police arrests. In line with global trends, several African countries are taking steps towards legalizing the commercial cultivation and medical export of marijuana.