Health Ministry to re-table narcotics law in Parliament

The Permanent Secretary at the Ministry of Health, Dr Diana Atwine, has vowed to re-table the law against the use of Narcotic Drugs and Psychotropic Substances in Uganda following the court’s nullification of the law last week.

Dr Atwine said although the court nullified the law, it did not stop the ministry from going back to reactivate it in Parliament.
“We are not legalising the use of narcotics and it remains illegal in our country.  We are going to actually revise it and make sure that the law is re-tabled and passed in Parliament,” Dr Atwine said yesterday in Kampala during the discussions on the prevention of Tuberculosis and Leprosy.

On May 5, the Constitutional Court annulled the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 which prohibited the sale and use of several narcotic drugs in the country.

In his ruling, Justice Muzamiru Mutangula Kibeedi declared the law null and void because it had been passed without the required quorum of one-third.

While addressing the weekly media conference in Naguru, Kampala, the police also promised to continue cracking down on narcotics related-offences using the National Drug Policy and Authority Act, 1993.

“Although the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 was nullified, we want to inform the public that the old law of the National Drug Authority was not affected and it is still in force. Therefore, the police, the office of Director of Public Prosecutions (DPP), and the Judiciary will continue to afford the old powers to tackle narcotic-related offences.” Police spokesperson Fred Enanga said yesterday.

He added: “Drugs under this policy are illegal because they are harmful affecting both physical and mental health and relationships.”

In the annual crime report, there were a total of 2,797 cases of narcotics that were reported to the police country-wide in 2022, 4,818 suspects including 137 juveniles were arrested and charged to court, compared to 1,668 cases that were reported in 2021.

According to police, cannabis is the most used drug, followed by cocaine and other soft drugs.

At the same event, Dr Atwiine vowed to take action against those who do not have pit-latrines and those cooking from unhygienic places to prevent the spread of diseases such as cholera.

“It is very important for people to know that we have amended the Public Health Act and in this law, we are going to form regulations that will empower us to take actions against people without toilets,” she said.

Dr Richard Kabanda, the commissioner of health, education and communication at the Ministry of Health, said 70 percent of the diseases the country is grappling with are as a result of poor hygiene.

He added that in Buganda region, at least 30 percent of homesteads do not have toilets especially in districts of Buvuma, Kalangala and  Kyotera.

Experts demands 
On May 5, the Constitutional Court repealed the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015.
This followed a 2017 petition by farmers growing miraa (khat) under their umbrella body Wakiso Miraa Growers and Dealers Association Limited.

The farmers wanted court to nullify the law because they were, among others, not consulted and its provisions were not backed up by any evidence, scientific or otherwise.

A panel of five judges agreed with the farmers, saying there was no quorum when the law was passed, contrary to the parliamentary rules of procedure.

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