Pharmaceutical Society opposes amendments to Narcotic Drugs Bill

The Pharmaceutical Society of Kenya (PSK) has expressed strong opposition to the ongoing amendments to the Narcotic Drugs and Psychotropic Substances (Control) Amendment Bill, 2024, currently under review in Parliament.

Led by the society's coast region chairman, Murtaza Mohamed, officials warned that the amendments would "unfortunately open floodgates for the infiltration of harmful drugs into pharmacy shops."

The bill aims to amend existing legislation to exclude cathinone and cathine substances found in the miraa crop (Catha edulis) from being classified as psychotropic substances.

The principal objective is to delete cathinone and cathine from the ambit of the Narcotic Drugs and Psychotropic Substances (Control) Act. Miraa, recognised as a crop under the Second Schedule of the Crops Act, 2013, is a significant source of livelihood for many Kenyans.

According to the Bill, removing cathinone and cathine and all their non-proprietary and chemical names from the list of controlled substances will essentially remove miraa from the list of drugs classified by the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA).

This change is intended to bolster the image of miraa and affirm its status as a crop, thus providing more market access.

"The rationale behind the amendment is to enhance the economic prospects of the miraa industry, which is a significant source of livelihood for many Kenyans," said Murtaza.

Health risks

However, the PSK argues that these amendments contradict both the Kenyan Constitution and international conventions to which Kenya is a signatory. "We emphasise the health risks associated with cathinone and cathine and the miraa crop, which are internationally recognised as psychotropic substances that negatively affect mental health," Murtaza stated.

The PSK highlights that removing these substances from the list of controlled substances would lead to increased abuse and health-related issues, potentially necessitating more government spending on public services. "The right to health, as enacted in Article 43(1) of the Kenyan Constitution, should take precedence over economic interests," emphasized Murtaza.

The society also cautioned that deregulating cathinone and cathine might lead to an influx of both natural and synthetic derivatives, complicating enforcement and public health efforts. They assert that international market access for miraa will require addressing these issues at a United Nations level rather than through unilateral legislative changes.

Dr. Yakub Ahmed added, "We oppose this bill, which seeks to remove cathinone and cathine from the list of controlled substances under the Narcotic Drugs and Psychotropic Substances (Control) Act, Cap 245 of Kenya. These chemicals affect human health, and their removal should not be decided solely by the Kenyan Parliament but also by international law, including the UN Convention on Psychotropic Substances of 1971, to which Kenya is a signatory."

Ahmed warned that the removal of these chemicals could lead to an influx of synthetic cathinones, which could severely affect mental health. "We strongly oppose and say it is impossible," he concluded.

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The PSK is prepared to take legal action if the bill passes.