Is Medical Cannabis Already Legal In Kenya?


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Is Medical Cannabis Already Legal In Kenya?
Is Medical Cannabis Already Legal In Kenya?
Medical practitioners and registered pharmacists are allowed to legally possess medical hashish. [iStockphoto]

There’s a rising dialog in Kenya concerning the push to both de-criminalise or legalise hashish. Those that are for or towards the legalisation of hashish agree that “it ought to be legalised for medical functions”. However isn’t medical hashish already authorized in Kenya?

The Narcotics Act has criminalised the possession of hashish in Part 3(1). The part criminalising possession states “3(1) Topic to subsection (3), any one who has in his possession any narcotic drug or psychotropic substance (Cannabis) shall be responsible of an offense.

Subsection 3 of the Act states that “3(3) Subsection (1) shall not apply to…(b) a medical practitioner, dentist, veterinary surgeon or registered pharmacist who’s in possession of a narcotic drug (Cannabis) or psychotropic substance for any medical functions; or (c) an individual who possesses the narcotic drug (Cannabis) or psychotropic substance for medical functions from, or pursuant to a prescription of, a medical practitioner, dentist or veterinary surgeon.”

Two info are established: First, medical practitioners and registered pharmacists are allowed to legally possess medical hashish for his or her sufferers, and second, sufferers who’ve been issued with a prescription for medical hashish by a medical practitioner are allowed to own it.

If medical doctors and pharmacists are allowed to prescribe and possess medical hashish; and sufferers are allowed to own medical hashish below a prescription, why does the medical fraternity allege it’s unlawful? The KMPDU along with the pharmaceutical society must make clear why they allege that medical hashish is illegitimate in Kenya.

Is this intentional as a result of presence of huge pharmaceutical corporations in Kenya? In my interplay with specialist medical practitioners in one of many high hospitals, they said “We all know medical hashish is authorized in Kenya for sufferers with a prescription, but when we prescribe medical hashish to a affected person, we’re going to lose our jobs with the Hospital”.

The Poisons Checklist Affirmation Order gives an inventory of drugs to be handled as poisons. Listed as quantity 42 within the Order is “Cannabis”. There are additionally the Pharmacy and Poisons Guidelines that give provisions for the Importation of Half I poisons (Cannabis). Part 3(2) of those Guidelines states that the PPB might difficulty an import license authorising the importation of a Half I poison (Cannabis) to “(f) any duly certified medical practitioner who satisfies the board that he’s urgently in want of a drug or poison which he’s unable to acquire in Kenya; (g) a hospital at and of which a medical practitioner registered below the Medical Practitioners and Dentists Act, is resident and in direct management.”

In mild of the above, it’s illustrated that medical hashish is authorized in Kenya. However why are medical doctors not prescribing it regardless of scientific proof proving it will probably deal with varied illnesses?

– The creator is an Advocate of the Excessive Courtroom of Kenya and an professional on industrial hemp

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