Khat farmers decry new narcotics law

More than 30,000 khat farmers and dealers have protested against the enactment of the Narcotic Drugs and Psychotropic Substance Act of 2023.

This follows the February 2 signing of the Bill by President Museveni, which now makes it a law.

The leaders of the farmers and dealers said they will challenge the law in the courts of law.

They said they are in the final process of mobilising their members in Kabarole District for a crucial meeting scheduled for Thursday, where they plan to finalise their strategy before heading to court.

Mr Johnson Tinkamanyire, the chairperson of the Khat Farmers Association, said they have conducted several meetings with farmers and dealers and their collective intention is to sue government.

He also said the law has now made their future uncertain.

The legislation, among others, mandates khat farmers and dealers to obtain a licence before engaging in its cultivation.

Failure to comply may result in fines or imprisonment, depending on the nature of the offence committed under the provisions of the law.

“This time, President Museveni was not fair to khat farmers. How did he sign the Bill into law to criminalise farmers? We want to go to court so that khat is removed from the list of drugs in that law,” he said. 

He added: “We also ask the government to regulate it by allowing people to continue cultivating it, provide factories for us for value addition and if we are to pay taxes, we will, but not when it is still being seen as a drug.”

Mr Tinkamanyire said the Thursday meeting will include khat leaders from the Wakiso District, among others and their goal is to harmonise their efforts, emphasising that without seeking court redress, the livelihoods of many farmers hangs in the balance.

Mr Geoffrey Twesigomwe, a 58-year-old resident of Kibasi Village in Kibasi Town Council, Kabarole District, who has for the past 28 years been cultivating khat, said the government should have first conducted a benchmarking exercise in other countries where khat is cultivated.

“I think there was a big gap. Khat cultivation has been here for decades and we have not heard of people dying because they have consumed it. Our government failed to do research; they just rushed to retable the Bill and pass it. Our wish is that if we go to court, it rules in our favour so that people can continue planting and selling freely,” he said

He added that uprooting his khat gardens would result in more than 30 of his employees losing their jobs.

He said he would also miss out on his daily income of Shs500,000.

Mr Twesigomwe noted that by the time the President assented to the Bill, the price of a bundle of fresh khat leaves had increased from Shs2,000 to Shs4,000 due to a dry spell and each casual labourer on the farm was being paid Shs1,000 for each bundle they harvested.

Ms Annet Asiimwe, a resident of Kibatsi Town Council, said many people in her village have been cultivating khat for decades.

“This law is not fair at all. We have alcohol, which has remained on the market, and people are getting drunk all the time and committing crimes. But khat, which is employing people and providing them with earnings, has been banned. Our appeal is that khat be removed from this law,” she said.

The farmers urged the government to recognise khat as a significant cash crop, such as coffee and tea, owing to its profitability.

They said khat yields considerably higher profits compared to traditional cash crops such as tea.

A handful bundle of khat sells at a minimum price of Shs2,000 and during peak season goes for Shs8,000, whereas a kilogramme of green tea leaves fetches only Shs300.

Many tea outgrowers have reportedly began uprooting and intercropping their tea gardens with khat to boost their incomes.

When contacted yesterday, the deputy Resident District Commissioner of Kabarole, Mr Paulo Bwire Ogallo, said they had not yet received a copy of the law and instructions regarding its enforcement.

He, however, said once they receive instructions, they are committed to enforcing the law without fail.

“It is true that the head of state assented to the Bill, and our people in Kabarole District will be affected. We have nothing to do but enforce the law as soon as we receive instructions,” he said.

He added that in September last year, they received a petition from khat farmers in the district, which was submitted to the President. 

Reflecting on Mr Museveni’s decision to sign the Bill into law, he said: “To see him (the President) signing the Bill implies that he made several consultations and received advice from various individuals. Now, we have to comply with the passed law.”

Efforts to get a comment from the Deputy Attorney General, Mr Jackson Kafuzi and the Kabarole District chairman, Mr Richard Rwabuhinga, were futile as they both said they were in a meeting at the time this reporter contacted them yesterday.

They had not responded by press time.

Background

In July 2023, while addressing Parliament’s Committee on Defence and Internal Affairs, the executive director of Butabika National Referral Hospital, Dr Juliet Nakku, said khat has profound negative effects on one’s health including the reproductive systems of both men and women.

“It might cause low sperm count, impotence, libido changes and retention of urine,” she said about male consumers.

For women she said: “It causes low birth weight, stillbirth, and impaired lactation which ultimately affects the fetus.”

Other side effects include dependence, dental problems since the substance is chewed as well as withdrawal symptoms, which can spiral into body weakness and nightmares.

In August 2023, during a plenary session at Parliament, Busiro South MP Charles Matovu said: “Categorising catha edulis [khat] among the narcotic drugs would render those [people who depend on it for survival] without a livelihood. It has unrest and backlash that comes with it and may be detrimental to the nation.”

In an interview with Daily Monitor in September, Mr Steven Kagwera, the Burahya County MP, said: “…if you stop people from cultivating khat, where will they go? Some people have relied entirely on growing khat for their livelihoods.”

Penalties in the law

The Narcotic Drugs and Psychotropic Substance Act of 2023 outlines stringent penalties for various offences related to narcotic drugs and psychotropic substances.

Possession offence

A person found in possession of any narcotic drug or psychotropic substance commits an offence. The penalty includes a fine not exceeding 50,000 currency points (Shs1 billion) or three times the market value of the substance, whichever is greater. Alternatively, imprisonment not exceeding 20 years or both may be imposed.

Trafficking offence

Trafficking in a narcotic drug or psychotropic substance is considered an offence. Conviction may result in a fine not exceeding 50,000 currency points (Shs1 billion) or three times the market value of the substance, whichever is greater, or imprisonment for life, or both.
    
Penalty for property owners

Property owners whose land is used for prohibited plant cultivation can be fined up to 50,000 currency points (Shs1 billion) or an amount equivalent to three times the market value of the drug at the time of discovery.

Obstruction during inspections

Obstructing police officers or authorised individuals during inspections incurs a fine of up to 50,000 currency points (Shs1 billion) imprisonment for up to two years, or both.

Receiving narcotic drugs for medical reasons

Receiving additional narcotic drugs for medical reasons without disclosing prior medication is prohibited. 

Violators face a fine of 20,000 currency points (Shs400 million), a 10-year jail term, or both.

Cultivation license requirement

Cultivation of specified plants requires a licence from the Minister for Health. 

First-time offenders without compliance face a fine of Shs2.4 million or an equivalent amount of up to three times the drug’s market value. 

Second-time offenders face life imprisonment.

Supply to a child

Supplying narcotic drugs or psychotropic substances to a child, without medical necessity, is an offence. 

Offenders, including medical practitioners, pharmacists, dentists, or any person, may face a fine not exceeding 50,000 currency points, (Shs1 billion) imprisonment for life, or both.

Duty to report cultivation

Owners of land or any person with an interest in land, aware of prohibited plant cultivation, must report to a police authority. Failure to comply may result in a fine not exceeding 500 currency points, (Shs10 million) imprisonment for a period not exceeding five years, or both.

Unauthorised use or presence

A person engaging in the act of smoking, inhaling, sniffing, chewing, or otherwise using any narcotic drug or psychotropic substance, and being found without lawful and reasonable excuse in any house, room, or place where individuals gather to use such substances, commits an offence. 

Upon conviction, the individual is subject to a fine not exceeding 50,000 currency points, imprisonment for a period not exceeding 10 years, or a combination of both penalties.