Is Marijuana Legal in Kenya?

Current Kenyan laws state that anyone possessing any narcotic drug, including cannabis, is guilty of violating the Narcotic Drugs and Psychotropic Substances (Control) Act and is subject to punishment.

However, a growing movement is putting pressure on the Kenyan government to legalize cannabis for medical use and industrial hemp’s potential as an exportable crop.

Medical Marijuana Laws in Kenya

Cannabis has a long history in Africa, arriving via trade routes to Kenya several centuries ago.

Kenyans valued the plant for its medical benefits and practical usefulness and even used it in religious rituals by particular sovereignties, such as the Luo people of western Kenya.

Throughout the first half of the 1900s, international agreements governing anti-drug efforts shaped the African country’s laws, coming to a head with the UN’s Single Convention on Narcotic Drugs.

Following the path of many countries during the decades of post-colonial prohibition and globalization, Kenya finally officially reigned in the use of the cannabis plant with its 1994 Narcotic Drugs and Psychotropic Substances (Control) Act.

This law defined cannabis as a narcotic, prohibited its use, and punished simple possession with a minimum of 10 years in prison.

More recently, Kenyan government officials and presidential candidates have opened up to the idea of medicinal marijuana and potential decriminalization.

In 2018, Kibra MP Ken Okoth announced that a Marijuana Bill was introduced to Kenya’s National Assembly, and other prominent medical researchers in Kenya have petitioned the government for legalization.

In Kenya’s 2022 presidential election, outlier candidate George Wajackoyah was outspoken in his support of cannabis legalization, citing its potential to make Kenya a rich country.

However, many other groups still pose a hard stance against a Kenyan cannabis industry, citing rampant drug abuse and zero provable medical benefits as reasons to uphold the current law.

Time will tell whether reform takes shape in the East African nation.

What to Know About About Medical Cannabis in Kenya

You cannot access medical or recreational cannabis in Kenya. Similarly, you cannot bring it into the country.

If you’re planning a visit to the area, it is recommended that you leave your cannabis (including CBD) at home, even if you have a medical marijuana card.

Cannabis Is Illegal

Cannabis use is against the law in Kenya, whether it’s for medical or recreational use.

The sale and possession of the cannabis plant are subject to punishments, including a maximum of 20 years in prison and fines up to 1 million shillings or three times the market value of the cannabis seized just for personal use.

More severe or repeat violations can earn criminals up to a lifetime prison sentence.

CBD Is Illegal

Current law in Kenya doesn’t differentiate between marijuana and CBD. As such, CBD is subject to the same laws and punishments as cannabis.

Can You Grow Cannabis in Kenya?

Growing cannabis in Kenya is against the law. Cultivators are subject to the same severe fines and up to 20 years of jail time, and the land on which the cannabis grows is also subject to seizure.

The onus is on the landowner to prove they had no awareness of the crime.

The Bottom Line

While cannabis has a long history in Kenya, current laws take a hard stance against cannabis use and possession.

Bills have been introduced to decriminalize marijuana and create a medicinal cannabis industry, but these acts have much further to go before they become law.