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Unpacking The Recent Historic Cannabis Court Decision In Uganda

This month in Uganda has been one for the ages from a cannabis policy standpoint. Earlier in May, Uganda’s Constitutional Court in Kampala rendered 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.”

That decision set off a wave of celebration both within Uganda and beyond its borders, with many domestic and international cannabis observers touting the decision as the Court having ‘legalized 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 Pushes Back On Claims Of Legalization

The Petitioners of the case in question, 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. Ultimately, Uganda’s Constitutional Court agreed with that argument, however, the Court adamantly disagreed with the assertion cannabis was legalized 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 legalize cannabis in Uganda via its recent decision. Rather, 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’ was adopted, but that substances ‘previously restricted under the National Drug Policy and Authority Act remain restricted’ and that ‘Parliament still reserves the power to legislate on the same subject’ if it wants to, which it presumably will.

The decision in Uganda was historic, however, not at the magnitude that many cannabis advocates had hoped, or in some cases, claimed. The fight to end cannabis prohibition in Uganda is, unfortunately, far from over. As such, cannabis advocates inside and outside of Uganda need to keep pursuing their efforts to achieve reform. Medical cannabis production is currently legal in Uganda, as are exports, however, 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, no pun intended, is not unique to Uganda. In September 2018, South Africa’s Constitutional Court rendered a unanimous ruling in which it deemed private, personal cannabis cultivation and consumption to be constitutional. The case stemmed from three consumers who were facing charges and argued that cannabis prohibition as it pertains to individual freedoms “intrudes unjustifiably into their private spheres.” Deputy Chief Justice Raymond Zondo said at the time that, it will “not be a criminal offense for an adult person to use or be in possession of cannabis in private for his or her personal consumption.” The decision did not extend to anything beyond private, personal cultivation, possession, and consumption.

Roughly a month after the historic decision was issued in South Africa, a somewhat similar decision was issued in Mexico. In late 2018, Mexico’s Supreme Court determined that an outright prohibition of cannabis was unconstitutional. Part of the Court’s ruling involved tasking lawmakers in Mexico with passing a legalization measure by an initial deadline. Unfortunately, the initial deadline and all subsequent extensions have yet to be complied with, as obviously, no legalization measure has reached the finish line in Mexico all of these years later.

A third major decision occurred in Italy in late 2019, where the nation’s Supreme Court also deemed the prohibition of private, personal cannabis cultivation to be unconstitutional. The case stemmed from an individual facing charges for cultivating two plants. The decision in Italy was similar to the previous ones issued in South Africa and Mexico, in that the scope of the decision was somewhat limited, and much was left to lawmakers to figure out. And just as reform efforts have languished in Italy, the same is true in South Africa and Mexico. They are all examples of court cases being both contextually historic and yet ultimately limited in scope in the long run.

Uganda Cannabis Exports To Germany

The African country is ramping up production for not only exports but also intra- African trade

The African cannabis scene is not only heating up, but so is the path from the “Dark Continent” to Germany. Indeed, Uganda is the next country to achieve GMP export status for its crops. In this case it is particularly significant as the majority of product produced in Uganda so far has been bound for the Israeli market.

What is even more interesting about this development, however, is that there is increasing interest and focus on registering medical cannabis products in the Ugandan market for local use.

A Strong African Cannabis Market

There is every indication, both in terms of the early market movers and what is clearly coming, that Africa, generally, is going to be a strong entrant into the global cannabis market. Even more than South America, it is both geographically and culturally closer to Europe (for starters). Beyond this, the difference in labour costs is already creating cannabis that is making EU-GMP starved flower markets in Europe, starting with Germany, wake up and pay notice. 

It is entirely possible, in other words, for African producers to hit a production cost per kilogram that is highly competitive with the German government reference price for flower. Beyond this, the world of extracts looms large.

The appetite for imported flower for burgeoning recreational markets in Europe may also prove to be a strong one. While Switzerland is limiting its initial recreational market to product sourced domestically, it is likely that at least Luxembourg, and almost certainly Holland will be open to exotic new breeds – many of them landrace or landrace crosses.

A Systematic Approach to Cannabis Reform

While it is not all smooth sailing, the powers that be in Africa, certainly in Uganda and even more strongly now in the tip of the continent, are starting to realize that cannabis reform is going to be very good for African economies. Governments are starting to offer incentives, and many are beginning national cannabis councils to advise on how to make cannabis a sustainable, economic development crop. 

African doctors are also starting to support the use of medical cannabis – particularly as a medicine that, beyond export, can vastly help a country’s healthcare bottom line.

One thing is for sure. African cannabis is on the map, and its influence is being felt, already, in medical markets in both Israel and Europe.

Be sure to stay tuned to the International Cannabis Business Conference blog for more developments in the world of international cannabis.