The Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill, 2024
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Exempting Naturally Occurring Cathinone and Cathine
The Bill amends the Second Schedule of the Narcotic Drugs and Psychotropic Substances (Control) Act, adding a proviso that cathinone and cathine naturally found in the miraa crop (Catha edulis) are not classified psychotropic substances.
Removing Miraa from NACADA's Drug Classification
By removing its active components from the list of banned substances, the Bill seeks to declassify miraa from the National Campaign Against Alcohol and Drug Abuse (NACADA) drug list, improving its agricultural and market reputation.
Aligning with the Crops Act
The change reinforces the legal recognition of miraa as a scheduled crop under the Crops Act, 2013, and the Crops (Miraa) Regulations, 2022, supporting county-level agricultural growth.
Bill No.
Senate Bills No. 1
Gazette No.
Supplement No. 23
Sponsor
Kathuri Murungi
Background
Miraa (Catha edulis) is legally recognized as a scheduled crop under the Second Schedule of the Crops Act, 2013. The Kenyan government has introduced several reforms to develop the miraa industry, such as enacting the Crops (Miraa) Regulations, 2022 and renegotiating market access in countries like Somalia. Despite these advancements, the industry faces significant hurdles because the National Campaign Against Alcohol and Drug Abuse (NACADA) classifies miraa as a psychotropic substance due to its natural cathine and cathinone content.
Key Amendments
Amendment of the Second Schedule of Act No. 4 of 1994
Section 2 of the Bill amends the Second Schedule of the Narcotic Drugs and Psychotropic Substances (Control) Act by inserting a proviso at the end of the Schedule:
- Exemption Proviso: "Provided that cathinone and cathine naturally found in miraa crop, Catha edulis, is not a classified psychotropic substance."
This amendment removes the chemical components of naturally occurring miraa from the strict drug controls set out under the Act, confirming its legal status purely as a commercial crop.
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