Ex-senator in fresh push to have bhang legalised in Kenya

Former Nyamira senator Kennedy Okong’o has opened the New Year with a return to his pet subject seeking the legalisation of marijuana that is likely to throw him into an eye of the storm.

In his New Year’s statement, Mr Okong'o asked the government to review the legal status of marijuana before the country is swept off its feet and overwhelmed by the global harness its medical benefits with the growing cancer burden in the country.

“We must as a country embrace the benefits of decriminalising bhang and treat it as one of our God-bestowed natural resources and tap for it,” Okong'o said.

“We must as a matter of urgency, legalise this crop to contribute to economic growth as it will contribute to the diversification of the economy and boost the country's exports, especially at this time when the fortunes of tea, coffee, tourism, and other sectors have been dampened by the global economic dynamics and the vile Coronavirus pandemic," he added.

The call by the former senator is likely to trigger a serious debate as marijuana remains illegal in Kenya.

There have been similar efforts in the past to review the legal status of the drug.

In his final days of his time in Parliament, Mr Okong'o drafted a Bill.

However, Mr Gwada Ogot blazed the trail in petitioning Parliament to legalise cannabis when he made the move in 2017.

By the time of his death in 2019, former Kibra MP Ken Okoth had given notice for the introduction of Marijuana Control Bill 2018 in the National Assembly to decriminalise the use of marijuana and draw up regulations for growth and use of the herb.

Early last December, the United Nations Commission on Narcotic Drugs (UNCND) removed marijuana from its list of most dangerous drugs.

In the vote taken on December 2, 2020, the UN voted to remove cannabis sativa as a Schedule IV controlled substance, a designation reserved for the most dangerous substances, such as heroin.

The vote comes after WHO launched the recommendation more than two years ago to remove the substance from its previous classification, arguing that “the inclusion of cannabis and cannabis resin in Schedule IV is not consistent with the criteria for a drug to be placed in Schedule IV.

Therapeutic use

However, industry regulator National Authority for Campaign against Alcohol and Drug Abuse (Nacada) insists the herb is still harmful and illegal in Kenya.

Nacada CEO Victor Okioma said the herb and its resin are still listed among substances regarded as highly addictive, highly liable for abuse and particularly harmful with little or no therapeutic use.

“The vote to delete cannabis plant and cannabis resin from most dangerous substances is not an endorsement of recreational use of cannabis or a recognition that Cannabis is less harmful. It only means that cannabis plant and resin have moved from a stricter schedule,” Okioma said.

So far 10 countries, led by the US and Canada, have reviewed the legal status of marijuana or legalised its use for all purposes with others allowing medical use of bhang.

Malawi, a major producer of marijuana, has to a large extent legalised use. South Africa, Lesotho, Zambia, Zimbabwe, Rwanda, and Uganda have taken bold baby steps to harness the new "green gold", which according to Barclays Bank study has a global market estimated at $150 billion and is tipped to hit $270b by 2028.

In his statement, former senator Okong'o challenged lawmakers and the national leadership to accept the inevitable reality arguing that the feverish push to reboot the country's socio-economic and political software through the Building Bridges Initiative provides a perfect opportunity.

The former senator warned that criminalisation of bhang did not deter its consumption but instead drove it underground where it has continued to thrive with traffickers, dealers, and cartels making billions from the trade across the world. 

“I am ready to join hands with other progressive voices to lobby for the establishment of a cannabis regulatory authority to kick-start the journey to harnessing the benefits of the crop by granting the licensing, cultivating, storing, selling, exporting and distribution, through a legislated process,” he said.

This, he said, will not only pave way for commercialisation, but spur scientific research on this crop, which has been maligned for decades but is widely used for medical, commercial, recreational, and religious purposes.

“We must see and embrace the bigger picture; legalise exploitation of the crop to attract investments and change attitudes to it besides harnessing its immediate medical benefits.