Marijuana Bill: Let medical, not ethical, considerations carry day

A couple of months ago, my MP, Mr Kenneth Okoth, of Kibra Constituency, moved a notice of motion for a Bill that seeks to decriminalise the use of marijuana for medicinal purposes.
My support for the Bill on social media drew widespread cheers and jeers from Kenyans in equal measure. The public debate reveals that, indeed, many Kenyans have been thinking about the issue but are hesitant to open up for fear of public reprisal and ridicule.

TERMINOLGY
It is important to understand the legal and historical background of the use of Cannabis sativa in Kenya. It first became illegal with the passage of the Opium Ordinance Act (Government Gazette, March 4, 1914) when Kenya was a British Colonial East Africa Protectorate. That was revised under the current Narcotic Drugs and Psychotropic Substances (Control) Act 1994.
Marijuana was widely used by all age sets in the Lake Basin and parts of Rift Valley to aid digestion, manage rheumatism, control gout and, generally, alleviate chronic pain. That the vernacular terminology for it among the communities loosely translates to “medicine” or “herb” reinforces this.

FOREFATHERS
Our forefathers viewed marijuana as a healthy tool to improve the quality of life for people facing infirmity. Its use was considered normal and even healthy. At some point though, the perception shifted.
The view of marijuana in our context has been shaped by experiences other than our own. For more than a century, our laws on various drugs and medicines were defined and influenced by Western colonial masters and/or experiences.

PENALTIES
The National Authority for the Campaign Against Drug Abuse (Nacada) estimates marijuana users in Kenya at a paltry 1.2 per cent of the population — not as pervasive as we have been led to believe. Furthermore, that the use of marijuana warrants the stringent laws and heavy penalties in the courts (up to 20 years imprisonment for mere possession of a roll of bhang for personal use) should make us reflect on the law as it exists.
TABOO ISSUES
I hope the marijuana debate will spark a wider analysis on how we address taboo issues. The more we refrain from talking about uncomfortable issues, especially due to stigma, the more we regress while societies that are more open about them progress.
Mr Okoth’s Bill envisions appropriate controlled use of marijuana by outlining that it can only be prescribed for medicinal use by a health professional in measured quantities. Unlicensed use, possession, especially in large quantities, and trafficking in marijuana would remain illegal.

CRIMINALISATION
Marijuana will not be the only drug available under prescription. There are many others, which are beneficial in small quantities but potentially addictive and harmful if taken in excessive quantities, such as methadone and morphine.
We have taken a dim national view of drug addiction and extended this attitude to combating drug abuse. What if we understood the plight of our brethren who suffer from such medical conditions as alcoholism and addictions? The envisaged law should combat abuse of marijuana as a recreational drug. Has its blanket criminalisation improved or worsened the fight against drug abuse?

SENSATIONALISM
Interestingly, we have only three government centres — Mathari, Moi and Mombasa hospitals — for inpatient drug addicts and two — Kenyatta and Port-Reitz — for outpatients.
Studies have shown that decriminalising cannabis leads to the fall in its street value as a drug, reducing in value the criminal gain incentive to make lucrative hauls. This, in turn, leads to less sensationalism, glamour and attractiveness as a rebellious symbol for the youth.

CHEMOTHERAPY
Through legalisation and regulation of marijuana, the government can earn revenue and plough it into more rehabilitation centres and public awareness and education on drug addiction and treatment.
The spirit of the ‘Okoth Bill’ is not to increase the abuse of marijuana as a substance, but rather, to help those who need it the most but are suffering in silence. These include those who have gone through a long arduous fight with cancer and chemotherapy and desperately need some relief from chronic pain or even a multiple sclerosis (MS) patient simply seeking to live as close to a normal life as possible.

Mr Odinga Junior is the executive media producer, The Creative Hub Ltd. [email protected].