- The Judiciary says the annulment of the Act does not invalidate the provisions of sections 26, 29, 47, 49 and 60 (1) (b) and (c) of the National Drug Policy and Authority Act, which is now the applicable law in regard to regulation and use of restricted substances.
The Judiciary has refuted claims that the Constitutional Court legalized the use of marijuana in Uganda.On the 5th of May 2023, the Constitutional Court ruled that Parliament did not have quorum while passing the Narcotics,Drugs and Psychotropic substances Control Act in 2015.
The petitioner, Wakiso Miraa Growers and Dealers Association Limited petitioned the Court challenging the enactment of the Act on grounds among others lack of quorum by Parliament during the passing of the Act.
And in its findings, the Constitutional Court agreed with the Petitioners and declared the Act null and void for lack of quorum by Parliament in passing it.
However since the said judgement, many people including the petitioner, have claimed that the said judgement legalized the growing and use of Marijuana in Uganda.
In a press statement however, the Judiciary says the annulment of the Act does not invalidate the provisions of sections 26, 29, 47, 49 and 60 (1) (b) and (c) of the National Drug Policy and Authority Act, which is now the applicable law in regard to regulation and use of restricted substances.
According to the Judiciary, the substances previously restricted under the National Drug Policy and Authority Act remain restricted and that Parliament still reserves the power to legislate on the same subject should it find it necessary for now.
The Judiciary is now appealing to members of the public to observe the law on grounds that the Constitutional Court did not and has never legalized the use of the restricted drugs and/or substances under the impugned law.
In 2015, the Parliament of Uganda passed The Narcotic Drugs and Psychotropic Substances (Control) Act which set the control of various drugs including marijuana and Catha edulis (Khat) locally known as “miraa” or “mairungi”.
The Act repealed sections 26, 29, 47, 49 and 60(1) (b) and (c) of the National DrugPolicy and Authority Act which restricted the supply, possession, use and cultivationof narcotic substances.
The Act created various offences for use and being in possession of the same substances without lawful excuse.