Kenya buying Cannabis

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Kenya buying Cannabis

Emma Stone. Current Kenyan laws state that anyone possessing any narcotic drug, including cannabis, is guilty of violating the Narcotic Drugs and Psychotropic Substances Control Act and is subject to punishment. Cannabis has a long history in Africa , arriving via trade routes to Kenya several centuries ago. Kenyans valued the plant for its medical benefits and practical usefulness and even used it in religious rituals by particular sovereignties, such as the Luo people of western Kenya. Following the path of many countries during the decades of post-colonial prohibition and globalization, Kenya finally officially reigned in the use of the cannabis plant with its Narcotic Drugs and Psychotropic Substances Control Act. This law defined cannabis as a narcotic, prohibited its use, and punished simple possession with a minimum of 10 years in prison. More recently, Kenyan government officials and presidential candidates have opened up to the idea of medicinal marijuana and potential decriminalization. However, many other groups still pose a hard stance against a Kenyan cannabis industry, citing rampant drug abuse and zero provable medical benefits as reasons to uphold the current law. You cannot access medical or recreational cannabis in Kenya. Similarly, you cannot bring it into the country. The sale and possession of the cannabis plant are subject to punishments, including a maximum of 20 years in prison and fines up to 1 million shillings or three times the market value of the cannabis seized just for personal use. As such, CBD is subject to the same laws and punishments as cannabis. Growing cannabis in Kenya is against the law. Cultivators are subject to the same severe fines and up to 20 years of jail time, and the land on which the cannabis grows is also subject to seizure. While cannabis has a long history in Kenya, current laws take a hard stance against cannabis use and possession. Bills have been introduced to decriminalize marijuana and create a medicinal cannabis industry, but these acts have much further to go before they become law. Article written by Emma Stone.

Is medical cannabis already legal in Kenya?

Kenya buying Cannabis

Cultivation, Possession and use of Cannabis by an adult in private and for personal use should be Decriminalized. Download the Decision. Constitutional Law - Bill of rights-privacy-right to privacy-limitation of right to privacy- whether the prohibition by the impugned provisions of the mere possession, use or cultivation of cannabis by an adult in private for his or her personal consumption in private was inconsistent with the right to privacy provided for in section 14 of the Constitution and, therefore, invalid- sections 4 b and 5 b of the Drugs Act and sections 22A 9 a i and 22A 10 of the Medicines Act. Constitutional Law - Bill of Rights-limitation of rights-circumstances under which rights may be limited- Whether the limitation was reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom taking into account the factors listed in section 36 1 of the Constitution-constitution of the Republic of South Africa, section Confirmatory proceedings were brought before the Constitutional Court which followed upon the lodgment by the Registrar of the Western Cape Division of the High Court of South Africa with the Registrar of the Constitutional Court of the order of constitutional invalidity made by the High Court in the instant matter. The said orders criminalized private use of marijuana by adults. The High Court suspended the order of invalidity of the said provisions for a period of 24 months from March 31 It said that to allow Parliament to correct the constitutional defects in the Drugs Act and Medicines Act as set out in the judgment. The order of invalidity was made in favour of various persons to whom the High Court referred to as applicants. Some proceedings under different case numbers had been instituted by different persons in the High Court. Everyone has the right to privacy which includes the right not to have—. Section Limitation of Rights The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including—. Section 22A 9 a i — Control of medicines and Scheduled substances. Section 22A 10 - Control of medicines and Scheduled substances. Section 40 1 a and h -Arrest by peace officer without warrant. Section Failure to give a satisfactory account of possession of goods. Any person who is found in possession of any goods, other than stock or produce as defined in section one of Stock Theft Act, Act 57 of , in regard to which there is reasonable suspicion that they have been stolen and is unable to give a satisfactory account of such possession, shall be guilty of an offence and liable on conviction to the penalties which may be imposed on a conviction of theft. Failure to give satisfactory account of possession of stock or produce. Any person who is found in possession of stock or produce in regard to which there is reasonable suspicion that it has been stolen and is unable to give a satisfactory account of such possession shall be guilty of an offence. Absence of reasonable cause for believing stock or produce properly acquired. The application to stay the proceedings was dismissed. The order of the Western Cape Division of the High Court was confirmed only to the extent reflected in the order and was not confirmed in so far as it was not reflected in the order. To the extent that the order of the Western Cape Division of the High Court purported to declare as constitutionally invalid provisions of sections referred to in that order that prohibited the purchase of cannabis, that part of the order was not confirmed. To the extent that the order of the Western Cape Division of the High Court excluded from the ambit of its order of the declaration of invalidity provisions of the sections referred to in that order that prohibited the use or possession of cannabis in private in a place other than a private dwelling by an adult for his or her own personal consumption in private, that part of the order was not confirmed. It was declared that, with effect from the date of the handing down of the judgment, the provisions of sections 4 b of the Drugs and Drug Trafficking Act of read with Part III of Schedule 2 of that Act and the provisions of section 22A 9 a i of the Medicines and Related Substances Control Act of read with Schedule 7 of GN R of published in terms of section 22A 2 of that Act were inconsistent with right to privacy entrenched in section 14 of the Constitution and, therefore, invalid to the extent that they made the use or possession of cannabis in private by an adult person for his or her own consumption in private a criminal offence. The operation of the orders in 10 and 11 above was suspended for a period of 24 months from the date of the handing down of the judgment to enable Parliament to rectify the constitutional defects. During the period of the suspension of the operation of the order of invalidity:. The above reading-in would fall away upon the coming into operation of the correction by Parliament of the constitutional defects in the statutory provisions identified in the judgment. Should Parliament fail to cure the constitutional defects within 24 months from the date of the handing down of the judgment or within an extended period of suspension, the reading-in in the order would become final. Subject to paragraph 17, no order as to costs was made. Decided cases in Kenya do affirm that cultivation, use and dealing in Bhang Marijuana is illegal in Kenya. Criminal Appeal No. The Appellant and two others not before court were charged with the offence of trafficking in narcotic drugs contrary to Narcotic Drugs and Psychotropic Substances Control Act No. The Appellant jointly with others already convicted and sentenced were found trafficking 31kgs of narcotic drugs namely bhang with a street value of Ksh. They had denied the charge necessitating the state to prove the case against them beyond reasonable doubt. The High Court affirmed the sentence of seven 7 years as ruled by the trial Magistrate. Though cultivation, use and sale of marijuana is illegal in Kenya, Hon. Ken Okoth intends to introduce a Marijuana control Bill with an aim of legalizing private use of Marijuana, a move that is strongly opposed by fellow legislators. His charges remain active in magistrate court but I believe the so called evidence would overcome the charges. He then filed the instant petition seeking a declaration that the charges in the criminal case against him were unconstitutional and ought to be quashed. He also sought a declaration that all the provisions relating to cannabis in the Narcotic Drugs and Psychotropic Substances Control Act violated his fundamental rights and freedoms and were therefore unconstitutional and had to be quashed. During trial, he admitted cultivating, possession of and trafficking in cannabis. However, he contended that the control and criminalization of those activities was inconsistent with what he thought were his constitutional rights to enjoy and research on the perceived benefits of cannabis or its plant. What were the circumstances in which one could be allowed to be in possession of narcotic drug. Held From the Preamble of the Narcotic Drugs and Psychotropic Substances Control Act, the possession of or trafficking in drugs and psychotropic substances was subject to the control of that Act. Also controlled was the cultivation of certain plants from which drugs or psychotropic substances were derived. The drugs and psychotropic substances, the possession and trafficking of which were controlled by the Act were respectively listed in the 5th and 6th schedule to the Act. Cannabis was listed in the 5th schedule as amongst the drugs that were subject to that control. Cannabis plant was listed as a prohibited plant in the 3rd schedule to the Act. Possession of and trafficking in cannabis, amongst other drugs listed in the 5th schedule was prohibited under Part 2 of the Act; according to section 3 1 and 2 thereof, it was a criminal offence to possess or traffic in cannabis. Apart from criminalizing possession of and trafficking in drugs, section 6 of the Act also prohibited the cultivation of prohibited plants which as noted, included cannabis plant. The Petitioner admitted that he not only grew or cultivated cannabis plant but that he also sold it and that several rolls of cannabis were found in his house at the time of his arrest and thus he was in possession of the drug as understood under section 3 1 of the Act. That admission painted the Petitioner as a person who at the material time, cultivated, trafficked in and possessed cannabis. Subject to the prosecution proving its case against him in the criminal trial, the Petitioner would be criminally liable under section 3 1 and 2 and section 6 a and b of the Act. None of the rights enshrined in the Constitution suggested that an individual was guaranteed the right to cultivate, use or traffic in cannabis. It was only in the Act itself that limited use of the drug was permitted and accordingly specified instances where one could be exempted from the provisions of section 3 1 and 2 of the Act. Section 3 3 provided the exemptions that subsection 1 was not applicable to;. A person who had possession of the narcotic drug or psychotropic substance under a license issued pursuant to section 16 permitting him to have possession of the narcotic drug or psychotropic substance; or a medical practitioner, dentist, veterinary surgeon or registered pharmacist who was in possession of a narcotic drug or psychotropic substance for any medical purposes; or a person who possessed the narcotic drug or psychotropic substance for medical purposes from, or pursuant to a prescription of, a medical practitioner, dentist or veterinary surgeon; or a person authorized under the regulations to be in possession of the narcotic drug or psychotropic substance. The Petitioner had not demonstrated that his case fell under any of those exemptions; he had not shown that he was licensed to possess cannabis; or that he was a medical practitioner, a dentist, a veterinary surgeon or a registered pharmacist who was in possession of the drug for medical purposes. Neither had he demonstrated that he possessed the drug as a prescription by a medical practitioner, a dentist or a veterinary surgeon nor that he was a person authorized to be in possession of the narcotic drug. The requirement for a license or some form of authorization could not be said to infringe on the right of any person who desired to possess a narcotic drug. The Petitioner had not demonstrated how his fundamental rights and freedoms had been violated or infringed by the provisions of the Narcotic drugs and Psychotropic Substances Control Act. The Petitioner had neither demonstrated that his unlimited access to cannabis was a constitutional right, nor that even if it was, it was beyond any form of limitation. His petition had not measured up to the threshold set out in Anarita Karimi Njeru v Attorney General that provided for the need for precision in a Petitioner setting out, inter alia, the manner in which the provisions of the Constitution had been infringed in relation to his rights. In any event, any of the rights under the Bill of Rights could be limited by law to the extent that the limitation was reasonable and justifiable in an open democratic society. Even if the Petitioner was to stretch to the greatest extent possible what he thought were his constitutional rights to include cultivation, possession, use of and trafficking in cannabis, those rights would not be absolute since their enjoyment was fettered by the Constitution itself and also by the Act. You must be logged in to post a comment. Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions. Cultivation, Possession and use of Cannabis by an adult in private and for personal use should be Decriminalized October 2, Eliud October 11, Mureithi February 26, Mary Waruguru April 9, Follow Us:.

Kenya buying Cannabis