Should Kenya Legalize and Start Bhang Exportation?

The Directorate of Criminal Investigations recently announced that they had seized over Sh 13 million from a residence in Ngara where bhang (marijuana) was being sold.

Along with this, authorities had allegedly detained Mathe wa Ngara but later found out that it was a case of mistaken identity. This particular incident sparked a widespread argument online about whether or not Kenya should legalize cannabis, locally known as bhang. While there are increasing groups that push for its legalization and exportation, some query whether it would truly profit Africa. Several countries within Africa have chosen to legalize and export cannabis over to developed nations, but its strategic worth remains controversial. In a piece, Foreign Policy correspondent Tonderayi Mukeredzi investigates whether advocating for the legalization and exportation of bhang translates into actual abundance or whether those in favour of it are simply under the influence.

In April 2018, Zimbabwe legalized cannabis for medical and scientific purposes, becoming the second African nation to do so. In a region heavily reliant on exporting cash crops such as cocoa, cotton, and maize, cannabis legalization could provide lucrative economic benefits, filling the gap left by unpredictable global market prices. According to Mukeredzi, the cannabis plant’s versatility in producing textiles and cannabis oil could present countless employment opportunities. For the sake of clarity, it’s worth noting that “cannabis” encompasses all the derivative products of the plant, including oils, and not only the dried leaves, flowers, and stems known as “marijuana.”

The removal of legal restrictions on the use, production, and possession of cannabis is known as legalization, whereas decriminalization entails keeping it illegal but no longer punishing individuals for possessing small amounts of the substance. Despite the potentially prosperous nature of the cannabis business, the majority of governing bodies are averse to legalizing it; thus, decriminalization methods or initiatives have only been undertaken by ten nations including Zimbabwe. Zimbabwe’s decision was primarily driven by economic considerations.

Zimbabwe provides a blueprint for other countries to follow in terms of managing the economic potential of cannabis in Africa. Although South Africa is in the early stages of legalizing the plant for medicinal use, complete legalization efforts continue. Personal use and growing of cannabis is allowed in South Africa, following a Constitutional Court ruling in 2018, with law enforcement given discretion to determine intent. South Africa’s governmental powers intend to release a cannabis master plan that decriminalizes personal marijuana consumption by 2023, in a move aimed at relaxing regulations and decriminalising cannabis.

In East Africa, Uganda boasts a lucrative cannabis industry valued at around $3 billion that promises to incentivize employment, augment the funding of taxes, enhance foreign direct investment and a trade surplus. Rwanda joined the list of African countries permitting the production and processing of medical marijuana in October 2022. The government sees this industry as a key sector that will not only generate profits but also create job opportunities and stimulate economic growth. In Africa, the majority of cannabis is cultivated illegally in an industry that flaunts multibillion-dollar turnover.

While the use of cannabis is not yet approved by the United States Food and Drug Administration for medical purposes, Epidiolex, as well as three synthetic cannabis-related drugs, have received approval to help tackle seizures and counter health issues associated with chemotherapy. Considering cannabis’ potential to ease symptoms caused by epilepsy, cancer, and neurological conditions, these approved treatments suggest future prospects. However, there lingers among African nations a deep-rooted aversion to cannabis-fueled products. Many authorities believe that more relaxed regulations could inevitably cause a surge in addiction, abuse of recreational drugs, and detrimental substance exposure such as heroin or cocaine notoriously tied with criminal conduct.

While only 10 African nations have decriminalized or taken steps towards cannabis reform, Africa is falling behind Europe, North America, and Latin America, all of which have made significant progress in terms of legalization of bhang. A prime example is Canada, where the cannabis industry has contributed 215 per cent more to government revenue since its initial legalization, with expectations of a fivefold increase by 2025. Similarly, the legal cannabis industry in the United States has already generated an estimated 250,000 employment opportunities. As five additional states, namely Arizona, Mississippi, Montana, New Jersey, and South Dakota, also move towards cannabis reform, the sector is predicted to create over 26,000 new job openings by 2025.