Medicinal cultivation and manufacture of Marijuana have become very lucrative. However, there are strict rules and regulations governing anyone interested in doing such business or is already doing it.
According to the Medicines and Related Substances Control Act Section 22A, one shall not acquire, use, possess, manufacture or supply narcotic drugs and psychotropic substances unless they have been issued with a permit by the Director-General for such acquisition, use, possession, manufacture, or supply.
To become a licensed operator of Medicinal Marijuana In Kenya, one must apply in writing to the Authority who will, in turn, register the operator, including particulars of the notification in the register, and give notice of registration to the operator. In the case of a company or any of its officers has ever been convicted for any crime related to the cannabis, the registration may be revoked.
The Authority then issues licence issued authorising the applicant to carry out such activities in general and a separate import, export, transit or redirection permit, authorising the applicant to carry out the specific transaction which is the subject of the permit application.
A proposed amendment on Medical Cannabis Bill 2018 seeks to control the cultivation, production, manufacture, testing, sale, labelling, advertising, transportation, promotion, import and export of medicinal cannabis products, to provide for the Medicinal Cannabis regulation and for connected purposes.
Among the proposed amendments are that the Cabinet Secretary for the time being in charge of Finance shall implement tax policies and where appropriate, price policies on cannabis products so as to contribute to the objectives of the Bill.
The Authority may require any operator licensed to cultivate or manufacturer cannabis products to set aside part of their earnings towards a Fund designated as the Rehabilitation Fund for care and treatment of persons addicted to narcotic drugs and psychotropic substances.
Under the proposed amendments, any person undergoing treatment of a medical condition, who is entering, leaving or passing through Kenya, may possess such quantities of cannabis (where prescribed) as may be reasonably expected for the purposes of such treatment.
Also, the amendment seeks to revoke and prohibit of importation order on Indian hemp which is any part of the plant of the genus cannabis, with a tetrahydrocannabinol concentration of more than 0.3 per cent