The Tragedy of Ignorance, Contradictions and Stigmatization The Legalization of Marijuana for Medicinal purposes in Zambia Under the Narcotic Drugs and Psychotropic Substances Act No. 37 of 1993 The Tragedy of Ignorance, Contradictions and Stigmatization

Introduction In 1993 the Zambia Parliament legalised the cultivation of Marijuana for medicinal purposes under the Narcotic Drugs and Psychotropic Substances Act Cap 96 We also have the Dangerous Drugs Act no. 2 of 1989 which also deals with Marijuana However due to ignorance, stigmatization and/or contradictions in the law the benefit of the legalization has not been realised

What is marijuana Marijuana is a common herb that comes from the Marijuana Plant : the hemp plant cannabis sativa According to the Act in Section 2, Marijuana is one of psychotropic substances listed in part II of the second schedule which include the herbal products known as marijuana or any other cannabis products containing the active ingredient delta 9 tetrahydrocannabino (THC)

Under the International Convention on Psychotropic Substances 1971, if the WHO finds that: a) a substance has capacity to produce: i) a state of dependence; and ii) Central nervous system stimulation or depression, resulting in hallucinations or disturbance in motor function or thinking or behavior or perception or mood; the substance is recommended to member States for regulation.

Current Trends The 1971 Convention, however, recognises the beneficial use of marijuana as it says in its preamble that: “ Recognising that the use of psychotropic substances for medicinal and scientific purposes is indispensable and that their availability for such purposes should not be unduly restricted” Many countries in the world have legalized marijuana for medical purposes. According to the United Nations Office of Drugs and Crime Report (UNODC), World Drug Report 2016 the purpose of medicinal cannabis laws IS to provide access to cannabis for those with qualifying medical needs

Current Trends According to the same report revenues from medicinal marijuana in the State of Colorado in the USA alone were as much as USD45m per month with as many as 118,000 patients in the 2014-2015 statistics. We now have States such as Colorado, Washington who in 2012 became the first jurisdictions in the USA to Legalize large-scale commercial production of Cannabis for recreational use by adults (2016 sales USD580m in 8 months) The UK expects marijuana market to hit 6 billion Pounds per annum, once the legalisation is fully implemented

Some Medicinal Uses of Marijuana Chronic pain Nausea or poor appetite associated with AIDS patients Arthritis Diabetes Strokes Cardiovascular diseases Cancer treatment etc

Countries that Smoke the Most In an article in the Telegraph of the UK of 20 April 2017, it was reported that according to the UNODC the biggest consumer of marijuana is Icelanda at 18.3% of the population Zambia is at no.10 at 9.5% of the population The UNODC report of 2014 placed Zambia at no. 2 to Iceland at 17.7% of the Population

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CAP. 96 An Act to revise and consolidate the law relating to narcotic drugs and psychotropic substances; incorporate into Zambian law certain international Conventions governing illicit drugs and psychotropic substances; control the importation, exportation, production, possession, sale, distribution and use of narcotic drugs and psychotropic substances… and provide for matters connected with or incidental to the foregoing.

LEGALIZATION Section 9 legalizes cultivation of marijuana in absolute terms “Any person who, without lawful authority, cultivates any plant which can be used or consumed as a narcotic drug or psychotropic substance, or from which a narcotic drug or psychotropic substance can be extracted, shall be guilty of an offence and shall be liable upon conviction to a fine of not less than five hundred penalty units or to imprisonment not exceeding ten years or to both. Provided that no person shall be guilty of the offence under this section if the plant is cultivated for purposes of medicine or is not on a substantial and commercial scale.” (the underlining is mine)

LEGALIZATION Section 18 recognises that a medical practitioner can prescribe marijuana as a prescription drug. It says: “Any person who, with intent to deceive obtains a narcotic drug or psychotropic substance or a prescription for a narcotic drug or psychotropic substances from a medical practitioner without disclosing to that practitioner particulars of every narcotic drug or psychotropic substance or prescription for such drug or substance issued to him by a different practitioner within the preceding thirty days shall be guilty of an offence and shall be liable upon conviction to a fine of not less than ten thousand penalty units or imprisonment for a term not exceeding twelve months or to both.”

The Dangerous Drugs Act Cap. 95 An Act to control the importation, exportation, production, possession, sale, distribution and use of dangerous drugs; and to provide for matters incidental thereto

Part II, Section 3 of the Dangerous Drugs Act says: “The drugs to which this Part applies are raw opium, coca leaves, poppy-straw, cannabis, cannabis resin and all preparations of which cannabis resin forms the base.”

Section 4. It shall not be lawful for a person to import into Zambia a drug to which this Part applies except under a licence granted by the Minister. Section 5. (1) It shall not be lawful for a person to export from Zambia a drug to which this Part applies except under a licence granted by the Minister.

Minister of Health to Make Regulations 6. The Minister may by regulations- (a) provide for controlling or restricting the production, possession, sale and distribution of drugs to which this Part applies; (b) provide for prohibiting the production, possession, sale or distribution of any drug to which this Part applies except by persons licensed or otherwise authorised in that behalf by the Minister, and the cultivation of plants from which such drugs are derived; (c) prescribe measures to be taken for the eradication of plants, to which regulations made under paragraph (b) apply, found to be growing wild.

Section 8. A person who, except under a licence granted by the Minister, knowingly cultivates any plant of the genus cannabis shall be guilty of an offence against this Act.

Contradictions in the Law Cap 95 and Cap 96 do not speak to each other Cap 96 provides in absolute terms that the growing of cannabis for medicinal purposes shall not be an offence in Zambia Cap 95 on the other hand makes it an offence under that Act to grow marijuana for any purpose, except under license Persons are charged by DEC under Cap 96 without any reference to Cap 95

Need for Zambia to take Advantage of the developing Cannabis Market There is need for Zambia to fully utilize the provisions of the domestic and international law to boost its revenues by coming up with Policies and Regulations aimed at productively utilizing its absolute advantage in the production of marijuana Jailing producers and small time smokers will not win the fight against drug abuse

AVOIDANCE OF STIGMATISATION There is need for a unified drug policy which directly or indirectly result in an improvement in the level of development of their target populations such as: To be in line with the requirements of the international human rights instruments and the bill of rights To be gender-sensitive, so as to consider the special needs of women and their greater level of stigmatization when designing prevention programmes, treatment interventions for drug dependence, as well as the criminal justice response to drug-related offences

3. To overcome the stigmatisation of drug users, as this can lead to further marginalization; and 4. To be based on scientific evidence, so that drug policies can address the core aspects of social development and public health

CONCLUSION I thank you