This month has been a historic one for Uganda, particularly from a cannabis policy perspective. Earlier in May, Uganda's Constitutional Court in Kampala made a decision that reportedly nullified the nation's entire Narcotic Drugs and Psychotropic Substances Control Act. The Court reasoned that the measure was passed "without the required quorum in Parliament."
The Court's Decision and Its Implications
This decision sparked a wave of celebration both within Uganda and beyond its borders. Many domestic and international cannabis observers hailed the decision as the Court having 'legalised cannabis.' However, as with many cannabis-based court decisions handed down around the globe, the actual truth of the matter is not nearly as straightforward.
Judiciary's Response to Claims of Legalisation
The Petitioners of the case, Wakiso Miraa Growers and Dealers Association Limited, argued that there was a 'lack of quorum by Parliament' during the initial process of passing the Narcotic Drugs and Psychotropic Substances Control Act. Uganda's Constitutional Court agreed with this argument, but it strongly disagreed with the assertion that cannabis was legalised in the East African nation.
In a press statement, the Judiciary clarified that its ruling was fairly limited in scope and that it did not intend to legalise cannabis in Uganda via its recent decision. Instead, the Court expressly indicated that its intent was to nullify the process by which 'provisions of sections 26, 29, 47, 49, and 60 (1) (b) and (c) of the National Drug Policy and Authority Act' were adopted. However, substances 'previously restricted under the National Drug Policy and Authority Act remain restricted' and 'Parliament still reserves the power to legislate on the same subject' if it chooses to do so.
The Road Ahead for Cannabis Advocacy in Uganda
The decision in Uganda was historic, but not to the magnitude that many cannabis advocates had hoped, or in some cases, claimed. The fight to end cannabis prohibition in Uganda is far from over. As such, cannabis advocates inside and outside of Uganda need to continue their efforts to achieve reform. Medical cannabis production is currently legal in Uganda, as are exports, but the nation's industry is still very limited by many measures.
Previous Cannabis Decisions in Other Countries
A cannabis-based court decision being rendered at a nation's highest level is not unique to Uganda. Similar decisions have been made in South Africa, Mexico, and Italy, where the highest courts have deemed certain aspects of cannabis prohibition to be unconstitutional.
However, these decisions have been somewhat limited in scope, and much has been left to lawmakers to figure out. Reform efforts have languished in these countries, demonstrating that court cases can be both contextually historic and yet ultimately limited in scope in the long run.
