CANNA LAW; WHAT LEGALIZATION WOULD LOOK LIKE UNDER THE KENYAN LAW

 There has been a lot of debate and dialogue over the years about the legalization of cannabis in Kenya. This has recently come up again with mostly young members of senate being proponents to this motion but the debate was shelved after being deemed too hot and emotive to have any sort of clear conversation had. Their arguments make valid points though, with the charge for legalization being led by the medicinal use of the drug. Cannabis has been scientifically proved to have two active chemicals that impact the nervous system and aid in the management of some ailments such as childhood epilepsy. It has also been shown to have pain relieving aspects for chronic pain and nausea especially for cancer and HIV patients. Availability without criminalization would be a relief to this portion of the population undoubtedly.

                        The other main point that the proponents make to legalize cannabis is the industrial, business and revenue potential ramifications that this line of action would have. In a country constantly caught in the crossroads between modernity, development and third world country status, it is true to make the argument that the legalization of cannabis would open up a whole employment industry from its farming, labor, pesticides, transport, packaging, marketing, sale and exportation. Hundreds of thousands of jobs would simply appear once pen is put to paper as law.  Not to mention the emerging aspect of the industry of hemp derived foods and hemp derived dietary supplements manufacturing. All this coupled with government taxation and regulation will see revenue and jobs created whilst doing the most humane thing of alleviating pain. Sounds like a win-win situation, but what is the flipside? Is legalization the way to go and the issue here is that the old generation simply cannot reconcile their thinking with the younger generation? Is the matter as simple as that? Does this whole argument boil down to that one line? What does it actually mean to legalize a prohibited substance? Is legalization or decriminalization the way to go, and what most importantly does it mean for those already in prisons for possession and trafficking charges of Marijuana. This is what this post will seek to answer.

So what is legalization and decriminalization of a substance?

            Legalization of a substance is the process of removing all legal prohibitions against it. Cannabis legalization would mean that it would be available to all adult population for purchase and use at will similar to tobacco and alcohol.

            Decriminalization is the act of removing all criminal sanctions against an act, article or behavior. Cannabis decriminalization would mean it would remain illegal but the legal system would not prosecute a person for possession under a specified amount.

Under the Kenyan constitution, the law that governs the use and possession of narcotic drugs, cannabis being a schedule two one, is the Narcotics Drugs and Psychotropic Substance(Control)  Act NO 1004, section 3 and 4, it would have to be amended to remove all illegalities as to the possession, growth, sale and export as well as the penalties for the above concerning the schedule two narcotic drug within the jurisdiction of Kenya. This amendment however would not pardon or set free those already in jail on possession and trafficking charges as the amendment would post date their sentence convictions.

                        In conclusion, legalization of cannabis in Kenya would require an act of amendment by legislation. Should it be done however is another matter all together as it puts earlier arguments in question. For example, the medicinal use of marijuana while helpful in dealing with chronic pain would have no regulation standards that is required of other contemporary pharmacological drugs such as dosage, ingredients and formulations. This especially in terms of dosage of marijuana.

            Another flipside of the legalization of cannabis would be once the law is actually enacted, it will define the market and the parameters on how to regulate it through health and safety tests and taxation. However, this will open up a door for a large illicit black market of distribution and sales due to the cost of taxes and testing that will make the regulated market expensive. Therefore, not much profitable in terms of government revenue. On the export market, the standards set for cannabis export are a barrier to tapping into those markets as the health and chemical substances test it undergoes is unlike any other agricultural export. The legalization of cannabis is a debate dilemma that we as a country will have to settle soon as these modern times approach and the powers that be get younger as well as the thinking amongst the population.