Pharmaceutical society opposes bill seeking to deregulate miraa

They say exempting the stimulant plant from psychotropic substances contravenes constitution.

In Summary
  • Narcotic Drugs and Psychotropic Substances Control (Amendment) Bill, 2024 seeks to amend existing law to exempt miraa from narcotic substance list.
  • Drafters of the amendment said the change in law will enhance the economic prospects of the miraa industry, a significant source of livelihood for many Kenyans.
Miraa on display in Lamu island.
Miraa on display in Lamu island.
Image: FILE

The Pharmaceutical Society of Kenya has opposed a bill that seeks to exempt cathinone and cathine in miraa from being classified as psychotropic substances.

Cathinone and cathine are substances found in the miraa crop which act as stimulants.

The Narcotic Drugs and Psychotropic Substances Control (Amendment) Bill, 2024 seeks to amend the existing law to exempt miraa from being categorised as narcotic substance.

The bill argues that the classification of cathinone and cathine as psychotropic by the National Campaign Against Alcohol and Drug Abuse (NACADA) negatively impacts the miraa market, despite governmental efforts to boost the sector.

Drafters of the amendment said the change in law will enhance the economic prospects of the miraa industry, a significant source of livelihood for many Kenyans.

"However, we the Pharmaceutical Society of Kenya (PSK) strongly oppose this amendment, and we argue that it contradicts both the Kenyan Constitution and international conventions to which Kenya is a party," PSK said in a statement released on Friday.

The association cautioned that deregulating cathinone and cathine might lead to an influx of both natural and synthetic derivatives, complicating enforcement and public health efforts.

"We hereby also assert that international market access for miraa would require addressing these issues at the UN level, rather than through unilateral legislative changes."

They added that while the bill seeks to boost the miraa industry by deregulating its psychoactive components, it faces significant opposition due to health concerns and potential conflicts with international law.

PSK emphasised the health risks associated with cathinone and cathine.

They said they are internationally recognised as psychotropic substances that can negatively affect mental health.

"We wish to highlight that removing these substances from the list of controlled substances could lead to increased abuse and health-related issues, potentially necessitating more government spending on public health initiatives," PSK argued.

They said the right to health should take precedence over economic interests, this as stated in Article 43(1) of the Kenyan Constitution.

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