Marijuana is not an easy topic to write about.
While global attitudes around cannabis or “weed” have slowly shifted toward greater acceptance and regulation, Kenya remains largely wedded to its prejudices on the subject.
The reason we are so constrained is not due to some immutable fact of culture or biology but rather the lingering legacy of colonial-era laws that criminalise marijuana use and possession.
In fact, laws criminalising cannabis use remain codified word-for-word across many former British colonies like Kenya even as they have been progressively challenged, modified or abolished elsewhere.
The consequence of such outdated laws still being in our books is they have been used as a convenient excuse for police to harass young people, especially those from lower-income communities, under the guise of enforcing the law.
A nation whose justice system can imprison a young person for years simply for possessing a plant, while barely flinching at the theft of billions by its political elite, ought to ask itself some hard questions about its priorities and sense of justice.
Ken Okoth, the former MP for Kibra who sadly passed away in 2019, understood this all too well.
Okoth was an outspoken advocate for marijuana reform.
His vision of Kenya included a future where personal cannabis use was no longer treated as a crime.
South Africa has already embraced this future.
In May this year, just a day before their last general election, President Cyril Ramaphosa signed the Cannabis for Private Purposes Act, making South Africa the first African country to legalise personal marijuana use.
South African entrepreneurs are now reaping the rewards of a booming domestic and international cannabis market.
Though still in its infancy, South Africa’s cannabis industry is already valued at an impressive $1.9 billion(Sh247,530,943,600).
With projections indicating that this figure could double if current trends hold, it now commands 70 per cent of the estimated $2.9 billion African market.
These impressive numbers hint at marijuana’s enormous economic potential across the continent.
Kenya can’t afford to lag behind.
It’s time for our country to reject colonial-era laws and seriously consider the decriminalisation of cannabis.
The moment has come for Kenya to embrace a pragmatic, forward-thinking approach that reflects global trends and offers tangible economic advantages for our people.
Establishing a legal cannabis market would not only unlock significant economic potential but also deliver social and health benefits, all while safeguarding individual freedoms.
Implementing these reforms would also ease the strain on our overburdened criminal justice system and allow law enforcement to prioritise more serious offences.
This is also an opportunity for the justice system to adopt a more progressive and rehabilitative approach to drug use, one that doesn’t reflexively resort to punitive measures.
It’s time to shift towards a smarter, more compassionate approach to drug policy by focusing on rehabilitation and public health rather than criminalisation.
There are strong economic arguments as well.
A legalised cannabis industry would create jobs, boost the economy and increase tax revenues from cultivation, processing and sales.
Marijuana cultivation could become an agricultural mainstay in regions where traditional crops struggle due to changing climates.
With cannabis potentially being more resilient to climate variability, it offers a new cash crop that could lift entire communities out of poverty.
Decriminalisation could also open pathways for healthcare advancements.
Medical cannabis has been shown to alleviate symptoms for patients with conditions like epilepsy, chronic pain, and cancer.
By reforming cannabis laws, Kenya could accelerate research in this field and ensure patients have safe and regulated access to these potentially life-saving treatments.
BRIAN OBARA
Lawyer and media practitioner
