Experts want drug users spared jail term and cannabis legalised
Health & Science
By
Ryan Kerubo
| Jun 30, 2025
A new push to spare drug users prison term and instead provide them with the necessary health support is gaining ground.
The approach – which also crusades for the legalisation of marijuana (cannabis) through policy and regulation – is a culmination of extensive dialogue drawing key agents of change, including government leaders, law enforcement, public health experts, civil society, academia, and individuals who have use or continue to use drugs.
The proponents of the “harm reduction” approach say that while legislation is necessary, it alone is insufficient. Anti-drugs measures must move beyond traditional approaches that have been rooted in criminalization, incarceration, stigma, and exclusion. Access to public health, respect for human rights by combating stigma and discrimination, and addressing violence should be at the core of combating drug use.
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According to experts, harm reduction and decriminalisation (removing criminal punishment) should guide the fight against drugs.
In Kenya, the penalty for possession of and trafficking of hard drugs (which includes marijuana) is a jail term of up to 20 years and/or a fine, which could include the forfeiture of proceeds from the business of narcotics. However, this punitive legislation hasn’t deterred the illicit business, as studies indicate Kenya as a key trafficking hub in the region.
President William Ruto has said prohibitionist policies have not effectively disrupted illicit markets.
“In fact, they often exacerbate harm by alienating those most in need of help,” he said.
The new push is premised on the thinking that it’s the drug user, and not the trafficker or drug-lord, who bears the brunt of the heavy criminalization of the fight against drugs. Victims of heavy criminalization have been people who use drugs, hardly the drug barons who have the means to corrupt the justice system.
At the centre of the new approach is the Eastern and Southern African Commission on Drugs (ESACD) chaired by former South Africa President Kgalema Motlanthe. Other members are Joaqim Chissano (Mozambique former President), Cassam Uteem (Mauritius former President), and Willy Mutunga (retired Chief Justice of Kenya).
Founded in February 2023, ESACD seeks to raise awareness and engage with policymakers to find new approaches and reforms in the war against narcotics. The Commission reviews current policies, recommends evidence-based policies, and mobilizes public opinion to promote action at all levels.
In its annual report launched in Nairobi on June 16, 2025 by Interior Cabinet Secretary Kipchumba Murkomen on behalf of President Ruto, ESACD says it has embarked on “a journey rooted in a powerful conviction: that the region can confront the challenges posed by the escalating illicit drug trade and use, through informed dialogue, heightened public awareness of the risks and evidence-based policy recommendations”.
According to the report, discussions with experts have supported the legalisation of marijuana in the region through policies and regulations tailored to each country’s particular context and needs. “This drive is rooted in evidence, guided by public health imperatives, grounded in effective law enforcement and, above all, centred on people – respecting and upholding their rights and dignity,” says ESACD which describes its report as an “action plan”.
Motlanthe believes that “meaningful reform is within reach and that together – through collaborative responsibility and bold leadership – we can achieve actionable, sustainable, evidence-based and humane drug policies. The path ahead is challenging, but it is also filled with promise. And we are confident that, united in understanding and determination, the Eastern and Southern region can, and will, rise to meet the challenges”.