PSK Press Statement on the Narcotic Drugs and Psychotropic Substances Control Amendment Bill 2024

For Immediate Release

Nairobi, Kenya – July 26, 2024

The Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill, 2024 seeks to amend existing legislation in Kenya to exempt cathinone and cathine, substances found in the miraa crop (Catha edulis), from being classified as psychotropic substances.

The rationale behind this amendment is to enhance the economic prospects of the Miraa industry, which serves as a significant source of livelihood for many Kenyans. Proponents of the bill argue that the classification of these substances as psychotropic by the National Campaign Against Alcohol and Drug Abuse (NACADA) negatively impacts the market for miraa, despite governmental efforts to support and boost the sector.

However, the Pharmaceutical Society of Kenya (PSK) strongly opposes this amendment. We contend that it contradicts both the Kenyan Constitution and international conventions to which Kenya is a party. We emphasize that cathinone and cathine are internationally recognized as psychotropic substances that pose significant health risks, including potential adverse effects on mental health.

Furthermore, we highlight that removing these substances from the list of controlled substances could lead to increased abuse and widespread health-related issues, potentially necessitating additional government expenditure on public health initiatives.

The right to health, as stated in Article 43(1) of the Kenyan Constitution, should take precedence over economic interests. Deregulating cathinone and cathine may also lead to an influx of both natural and synthetic derivatives, complicating enforcement efforts and exacerbating public health challenges.

Additionally, we assert that achieving international market access for miraa would require addressing these issues at the United Nations (UN) level rather than implementing unilateral legislative changes.

In summary, while the bill aims to boost the Miraa industry by deregulating its psychoactive components, it faces significant opposition due to health concerns, potential abuse, and conflicts with international law.

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About the Pharmaceutical Society of Kenya: The Pharmaceutical Society of Kenya (PSK) represents all
pharmacists in Kenya. Established in 1964, PSK advocates for quality pharmaceutical care and plays a
significant role in shaping pharmaceutical legislation and policies. PSK members are actively involved in various regulatory bodies, including the Ministry of Health, County Governments, and the Pharmacy & Poisons Board.