The nullification of Uganda’s Narcotics Drugs and Psychotropic Substances (Control) Act 2015, by the Constitutional Court last week stirred debate in the country, with a section of the public interpreting this to mean a free reign to consume narcotics.
But in a May 8 statement, police have warned to arrest anyone found culpable of drug offences such as consumption and possession that remain illegal under the National Drug Authority Act.
Sections 47, prohibits possession without lawful excuse any narcotic drug or psychotropic substance under international control, while 49 prohibits the cultivation of plants yielding narcotics without the written consent of the Minister.
Police Spokesperson, Fred Enanga pointed to the adverse consequences of narcotics consumption, as well as their illegality as major drivers to the reinforced approach in dealing with drug abuse.
“Fortunately, the old law of the NDA was not affected by the ruling and is still in force. Therefore, the police, DPP and Judiciary, will continue to afford their old powers, to tackle narcotics related offences in the Act. The drugs under the NDA are illegal, because they are harmful and affects both physical and mental health, relationships, career prospects, crime and the wider society,” Mr Enanga said
According to police, Cannabis has consistently been the most used drug, followed by cocaine.
“We still maintain a zero-tolerance approach to the consumption of substances prohibited under the NDA. All our territorial commanders have been instructed to maintain or step-up enforcement action against offenders and enhance deterrence efforts to help stop narcotic drug consumption in the country and crimes driven by it. Our neighborhoods don’t deserve to be victim to drug dealers,” Mr Enanga said
Figures by police show that cases of Narcotics and drugs doubled last year to 2,797 cases compared to 1,668 cases reported in 2021.
A total of 4,818 suspects were arrested and charged to court, including 137 juveniles.
Background
Uganda’s constitutional court on Friday repealed the country’s Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 which, among other things, prohibited the sale and use of several narcotic drugs in the country.
This follows a 2017 petition to the court by farmers growing miraa (khat) under their umbrella body Wakiso Miraa Growers and Dealers Association Limited.
“I would declare the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 null and void for lack of quorum on the part of parliament, contrary to articles 88 and 89 of the constitution and rule 23 of the Rules of Procedure of the 9th parliament, 2012 made, pursuant to articles 88 and 94 of the constitution,” Uganda’s Justice Muzamiru Mutangula Kibeedi said in his lead judgement.
