Proposed Amendment to the Uganda Constitution: Embracing Adult and Medical Cannabis Use

In response to the evolving landscape of cannabis use in Uganda, a groundbreaking amendment to the country's constitution has been proposed. This amendment seeks to strike a balance between addressing the surging adult use of cannabis and ensuring access to medical cannabis for patients in need. By introducing a regulated system, the amendment aims to promote responsible adult cannabis use while providing relief to those with debilitating medical conditions. Here, we delve into the key provisions and intent of this groundbreaking amendment.

Section 1: Purpose and Intent

The heart of this amendment lies in its purpose and intent. It acknowledges the exponential growth of adult cannabis use and aims to establish a regulated system that addresses this while ensuring access to medical cannabis for those in genuine need. Responsible adult use and relief for patients are at the core of this amendment.

Section 2: Authorization for Adult and Medical Use

This section grants authorization for both adult and medical cannabis use in Uganda. Adults aged 21 and above are allowed to possess, consume, and cultivate cannabis for personal recreational use, all within the framework of the law. Patients suffering from debilitating medical conditions are authorized to use cannabis for medical purposes, under the guidance of healthcare professionals.

Section 3: Affirmative Defense and Exceptions

This provision establishes an affirmative defense for adult users, patients, and their caregivers, shielding them from prosecution under Uganda's criminal laws. It also outlines exceptions for those with valid registry identification cards, ensuring compliance with regulations and protection from criminal penalties. Physicians are given the latitude to provide advice and documentation regarding cannabis use to their patients, encouraging informed decision-making.

Section 4: Debilitating Medical Conditions and Seized Property

This section defines “debilitating medical conditions” and empowers the Ministry of Health to approve additional qualifying conditions. It also imposes limitations on property forfeiture to protect the rights of individuals engaged in lawful activities related to medical or adult cannabis use.

Section 5: Confidential Registry

The establishment of a confidential registry is essential, encompassing adult users and medical patients with identification cards. The criteria for obtaining these cards and access to registry information will be closely regulated, safeguarding privacy and security.

Section 6: Issuance of Identification Cards and Administrative Fees

Procedures for issuing identification cards to users and patients will be established to ensure compliance with regulations, while reasonable administrative fees may be collected to cover associated costs.

Section 7: Allowable Forms, Quantities, and Usage Restrictions

This section will specify the forms and quantities of cannabis permitted for users and patients and outline usage restrictions for the sake of public health and safety.

Section 8: Additional Requirements for Patients and Users Under 21

Special provisions will be made for patients and users under 21 to account for their unique needs and vulnerabilities in cannabis use.

Section 9: Supporting Legislation, Penalties, and Employer Accommodation

Supporting legislation will be enacted to provide detailed regulations, with associated penalties for violations. Health insurers will have limited liability, and employers will not be obliged to accommodate cannabis use in the workplace, adhering to existing labor laws.

Section 10: Enactment

This amendment will take effect upon ratification by Uganda's legislative bodies. The Ministry of Internal Affairs will initiate the necessary actions, including public education programs, to implement the amendment effectively.

Section 11: Severability

This section ensures that if any part of the amendment is deemed invalid or unconstitutional, it will not affect the validity of the remaining provisions.

Section 12: Preservation of Existing Laws

Existing laws related to cannabis will remain in effect unless repealed, modified, or superseded by subsequent legislation consistent with this amendment.

Section 13: Amendment Process

Future amendments to this amendment will follow the established constitutional amendment process in Uganda.

As Uganda contemplates this monumental constitutional amendment, it stands at the forefront of progressive cannabis legislation, potentially setting the stage for responsible adult use and much-needed relief for patients with debilitating conditions.

Information courtesy of Pearls of Africa CBD.