Thu, 17 Aug 2017 10:11:20 +0000
By Kelvin Siabana
THE Green Party has applied for judicial review in the Kitwe High Court, challenging the decision of the Minister of Health to refuse to grant the opposition party a license to import, export and cultivate cannabis for medical purposes.
The Green Party argues that the refusal by the Minister, Dr Chitalu Chilufya, to grant it a license to import, export, cultivate, produce, possess, sell, distribute and use of cannabis for medical purposes was contrary to Part II Sections 3, 4, 5, 6, 7, 8 and 22 of the Dangerous Drugs Act Cap 95 of the Laws of Zambia.
The Green Party president says the decision by the Minister failed to appreciate the frame-work of the law whose purpose is to provide access to cannabis for those with qualifying medical needs and was therefore ultravires and unreasonable.
Mr Sinkamba says the decision by Dr Chilufya that he would not allow cannabis cultivation because it would be irresponsible and unethical was arbitrarily, capricious and unlawful as it violated express provisions of the law allowing cultivation of cannabis for medicinal purposes.
“The decision by the Minister of Health that there are other available drugs in health facilities capable of treating ailments which cannabis was said to heal and therefore he could not issue a licence to the Green Party was unreasonable and contrary to Part II of the Dangerous Drugs Act and Section 18 of the Narcotics and Psychotropic Substances Act which recognises that medical doctors can in appropriate cases prescribe cannabis as a prescription drug,” Mr Sinkamba says
The document also states that the refusal by the Minister to grant a licence to the opposition political party was illegal and contrary to Section 9 of the Narcotics and Psychotropic Substances Act Chapter 9 of the Laws of Zambia (Act no. 37 of 1993) which expressly states that the use of marijuana for medicinal purposes shall not be an offence in Zambia.
It says that the refusal by Dr Chilufya to grant the Green Party a licence for the same was also contrary to International Law.
The said International Law has been domesticated in Zambia under the Narcotics and Psychotropic Substances Act Chapter 9 of the Laws of Zambia (Act no. 37 of 1993)
