The Ugandan Constitutional Court has abolished the country's Narcotic Drugs and Psychotropic Substances Act, which, among other drugs, outlawed possession and trafficking of khat, locally known as miraa, media has reported.
The decision follows a farmers' petition to the court submitted in 2017. The growers urged the court to overturn the ban on the sale and use of miraa, saying that it is inconsistent with the principles of legality, as they were not consulted before the law came into effect. The act prohibited cultivation, possession, consumption, sale, and other activities with the crop.
The petitioners claimed that the move to outlaw khat was not backed up by scientific evidence that could justify the decision.
The court, composed of five judges, repealed the act on a technicality, ruling that the way in which it was enacted was illegal, as the parliament didn't follow its formal procedures and passed the law without quorum.
"In the premises, I would declare the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 null and void for lack of quorum on the part of parliament," Ugandan Justice Muzamiru Mutangula Kibeedi said.
It was noted that since the provisions that banned dealing in khat were not handled independently of the rest of the sections of the act, the entire law was nullified.
The chairman for the petitioners, Vincent Kizito, told local media that the decision to overturn the law is a big victory for farmers whose businesses were undermined following its enactment. He also stated that several studies indicate that khat is not as addictive as other drugs, and could be used as both food and medicine.
“Previously our members have been arrested, businesses destroyed, and many others lost property. Following the enactment of the law, our businesses crippled as we could no longer export and sell freely yet we have enough scientific research to prove that Miraa is not dangerous,” Kizito is quoted as saying.
Khat is a flowering shrub native to eastern and southern Africa that contains a stimulant that causes a feeling of excitement and euphoria. The legality of the plant varies by region. Its use, mainly chewing, is traditional in most East African countries' cultures. Khat is legal and even grown on a commercial basis in Ethiopia, Kenya, Somalia, and Djibouti. At the same time, it is outlawed in Tanzania and Eritrea.