Should we decriminalise marijuana? That is the debate set to come before the National Assembly after Kibra MP Ken Okoth notified the Speaker of his intention to bring a bill that would legalise the cultivation, distribution and use of marijuana.
But the debate on legalisation of marijuana is actually a complex and sophisticated policy question. Archaeological evidence shows that marijuana has been in use for more than 10,000 years but it remains a largely controlled substance in many parts of the world for a reason. The conversation around marijuana use is divided in two parts: medical and recreational use, but often times the two are always put together when they are quite distinct.
Let’s start with medical use of marijuana. This is one aspect that is largely legalised in many jurisdictions. In the US, more than 30 states have permitted marijuana to be smoked for medical purposes.
Scientists have maintained that there are at least two active chemicals in marijuana that have medicinal applications. Cannabidiol impacts the nervous system and the US Food and Drug Administration has actually approved the manufacture of and distribution of synthetic forms of those substances to treat diseases. Most recent is spasticity caused by a rare and severe forms of childhood epilepsy; and tetrahydrocannabinol often referred to as “THC” has pain-relieving properties that have helped treat chronic pain and also ease nausea from chemotherapy.
In Kenya, it has actually come out through various media reports that a number of cancer and HIV patients are using cannabis products to relieve their severe pain and there is a growing advocacy for legalisation of marijuana so that more patients can access the products.
But the policy regulation dilemma is that contemporary pharmacology requires that prescription and over-the-counter medication have standards - ingredients, formulation and dosage are well illustrated -but medicinal use of marijuana specifically in terms of dosage cannot be defined as compared to manufactured pharmaceuticals.
Also, marijuana contains hundreds of chemicals picked from breeding, process of cultivation as well as storage making it adulterated for medicinal smoking.
So the question that the whole world is grappling with is how do you regulate medicinal use of marijuana as compared to manufactured pharmaceuticals?
Coming to recreational use; the argument has been that parties should be given the freedom to access and use marijuana just as alcohol and tobacco for recreational purposes through licensing system Legalisation of recreational use of marijuana came a few years ago and Uruguay was the first to legalise it and a number of countries have followed suit.
The big challenge here is that when the law is written on paper it clearly defines the marijuana market and the parameters on how to regulate it through health and safety tests and taxation. But as observed in many jurisdictions years after enactment, a large illicit market from backyard cultivation to black market distribution and sales have ended up becoming the source where many people buy them - the cost of taxes, testing and other compliance make the licensed market expensive.
But the third aspect in the marijuana legalisation conversation is about commercial cultivation for export market. There is good foresight from the MP in terms of potential market to be tapped as there is a growing global market of cannabis-infused beverage drinks. The newly constituted US Congress is set to discuss a proposal to make production of hemp legal, potentially opening more opportunities for cannabis products in the US.
The challenge is that standards set for cannabis in states that have legalised marijuana use are a barrier to tapping those markets, no other agricultural products undergoes such costly and sensitive test for harmful chemicals, which will make it a challenge to tap into the US export market.
Another unforeseen challenge is that marijuana is a water-hungry crop, each plant consumes approximately six gallons of water a day. Therefore, a thorough assessment of the environmental impact of commercial marijuana plantation will have to be done.
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