Government has tabled the Narcotic Drugs and Psychotropic Substances Bill, 2023 as a way of reintroducing the legislation on the fight/control of consuming and movement of prohibited drugs and substances that was recently annulled by Court.
The Constitutional Court on May 5, 2023 annulled the Narcotic Drugs and Psychotropic Substances Act, 2016 after it was successfully challenged by Wakiso Miraa Growers and Dealers Association Limited, on grounds of lack of quorum at the time it was passed.
The move by State Minister for Internal Affairs, Gen David Muhoozi comes a week after Attorney General Kiryowa Kiwanuka blocked Bugiri Municipality legislator Asuman Basalirwa from seeking leave of Parliament to privately reintroduce the Bill.
The new bill is anchored on the policy of adopting measures to criminalise drug related offenses under domestic law in conformity with Article 3 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and other related international conventions.
Government also wants to address the defects in the National Drug Policy and Authority Act, Cap 206 which has been deemed “very weak and does not adequately address cases of illicit drugs”.
The Bill which Deputy Speaker Thomas Tayebwa referred to the Committee on Defense and Internal Affairs for scrutiny is being proposed in order to have a low that will suppress the problems related to drug trafficking and abuse; providing deterrent measures against local drug abuse; establish mechanisms for rehabilitating drugs addicts and saving Uganda from being a transit route and consumer of drugs.
Penalties
Much as the Bill introduced in Parliament is considered as the replacement for the annulled Act, there are some changes that have come with it. Some of the changes are in the proposed punishments for the offenses.
One of the key offenses in the Bill is the one of being convicted for having been found in possession of narcotic drugs or psychotropic substances.
In the law that was annulled by Court, the penalty was a fine of 500 currency points (Shs10m) or three times the market value of narcotic drug, whichever is greater or imprisonment not less than 10 years but not exceeding 25 years, or both. In the new Bill, the government has suggested the same fines but has relaxed the custodial sentence by proposing not less than 2 years but not exceeding 10 years.
For a person convicted for being in possession of psychotropic substances, the government has maintained the fine of 150 currency points (Shs3m) but again proposed to change the custodial sentence from not less than 5 years and not exceeding 10 years to not less than 3 years and not exceeding 5 yrs.
As was in the voided law, the above penalties will not apply to a medical worker, dentist, veterinary surgeon or registered pharmacist who is found in possession of narcotic drugs or psychotropic substances if he or she has a license issued by the National Drug Authority.
Like in the law that was declared null and void by Court, the government has returned with an offense of trafficking in narcotic drugs and psychotropic substances. The new Bill proposed the same penalty of a fine of Shs10m or three times the market value for narcotic drug or psychotropic substance, or life imprisonment.
On the other hand, traffickers of psychotropic substances face a new penalty had been proposed to deal with any person who traffics in any substance, other than a narcotic drug or psychotropic substance which he or she represents or holds out to be a narcotic drug or psychotropic substance. A fine of not less than Shs2m but not exceeding Shs9.6m and in addition to imprisonment not exceeding 20 yrs.
Also retained in the new Bill is the penalty of not less than Shs480,000 and not exceeding Shs2.4m or custodial sentence of not less than 1 year but not exceeding 5 years for a person who is convicted for; smoking, inhaling, sniffing, chewing or uses, a narcotic drug or psychotropic substance. The same penalty has been retained for a person who; owns or occupies or manages premises or permits premises to be used for abuse or manufacturing; has a pipe or utensils used for illicit use and, who recruits or proposes the use of these drugs.
A punishment of a fine of not less than Shs2.4m or imprisonment of not less than 1 year and not exceeding 5 years has like in the previous law been proposed for a person who knowingly or has reason to believe that a parcel package, container or any other thing contains narcotic drugs or psychotropic substances and then handles it.
The new Bill has maintained another fine of not exceeding Shs24m or a custodial sentence of not exceeding five years for a medical practitioner or veterinary surgeon who uses narcotic drugs or psychotropic substance except where it is required for medical or dental treatment of a person or an animal respectively.
Other provisions
To avoid more abuse of these drugs on medical grounds, the government has emphasized the need to deregister from the national register of professional bodies any medical practitioner, veterinary surgeon, dentist or pharmacist who would be convicted from improper use of these drugs.
With reports of increased drug abuse among the minors, the government wants to curb the vice by putting in place a deterrent penalty of not less than Shs2.4m or imprisonment of not exceeding 5 years for a person convicted of supplying toxic chemical inhalants to young persons.
Cultivation of certain prohibited plants would attract a fine of Shs2.4m or 5 years imprisonment, and for a second or repeat offender, imprisonment for life.
Post abuse
The government also proposes the establishment of a rehabilitation centre and a fund to help deal with victims of abuse of narcotic drugs and psychotropic substances in the country. While the rehabilitation centres are operated across the country, there would also be a National Coordination Committee for Drug Control with the functions of; defining, promoting and coordinating the policy of the Government for the control of drug abuse and trafficking.
If the law is passed, the Attorney General of Uganda will have the mandate to request an appropriate authority in another country to arrange for evidence taking in case of investigations under this law.
