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Drug Control Law
[vc_row container=”1″ el_class=”sidebar-page-container”][vc_column width=”1/4″][vc_widget_sidebar sidebar_id=”default-sidebar” el_class=”sidebar” title=”Drug Control and Enforcement Act, 2015″][/vc_column][vc_column width=”3/4″][bunch_consumer_law cat=”consumer-accordian” sort=”date” order=”ASC” images=”340,498,477″ feature_str=”Drug Law” title=”Drug Control and Enforcement” btn_link=”https://www.mosesmahuna.co.tz/contact/” btn_text=”Free Consultation” text=”In Tanzania, drug laws are primarily governed by the Drug Control and Enforcement Act, 2015 (Act No. 5 of 2015), which repealed and replaced earlier legislation like the Drugs and Prevention of Illicit Traffic in Drugs Act. This Act establishes robust rules for controlling narcotic drugs and psychotropic substances, aiming to prevent and combat drug trafficking, abuse, and related activities. It aligns with international conventions on narcotic drugs and psychotropic substances. Below is an overview of the key aspects of drug laws in Tanzania, with a focus on advocacy perspectives:” detail=”Key Provisions of the Drug Control and Enforcement Act, 2015
Definitions and Scope:
Narcotic Drugs and Psychotropic Substances: These are listed in the First Schedule of the Act, including substances like cannabis, heroin, cocaine, and opium derivatives (e.g., opium with no more than 0.2% morphine).
Illicit Traffic: Covers activities like cultivation, production, possession, sale, purchase, transportation, and import/export of narcotic drugs or psychotropic substances without legal authorization. It also includes financing or abetting such activities.
Drug Control and Enforcement Authority (DCEA):
Established under the Act, the DCEA, operational since February 17, 2017, coordinates efforts to reduce drug supply, demand, and harm. It conducts investigations, arrests, searches, and seizures, and collaborates with national and international bodies to combat drug trafficking.
The DCEA also promotes prevention, public education, and rehabilitation programs for drug addicts.” text_limit=”36″ num=”4″ law_features=”Penalties:
Possession and Use: Possession of illegal drugs carries fines, while drug trafficking incurs severe penalties, including imprisonment. For example, minor offenses may be tried in subordinate courts, while serious offenses (e.g., trafficking under sections 16–23) are handled by the High Court.
Confiscation: Any narcotic drug, psychotropic substance, or goods used to conceal them (e.g., vehicles or packages) are subject to confiscation if involved in illegal activities. Proceeds from the sale of such substances are also confiscated.
Foreign Nationals: Tanzania’s strict laws apply to all, with severe penalties for trafficking, including prison sentences. Foreigners risk detention for possessing or attempting to export illegal substances.
Regulation of Legal Drugs:
The Tanzania Medicines and Medical Devices Authority (TMDA), under the Tanzania Medicines and Medical Devices Act, 2019, regulates the safety, quality, and effectiveness of medicines, including controlled pharmaceuticals. It issues permits for lawful import/export and ensures compliance with health policies.
Licensing for manufacturing, distribution, and retail of medicines is strictly controlled to prevent diversion of precursor chemicals or controlled substances.
Rights of Suspects:
Suspects have the right to make statements in the presence of a lawyer, relative, or friend of their choice, ensuring legal safeguards during investigations.
Advocacy Perspectives on Drug Laws in Tanzania
Advocates for drug policy reform in Tanzania often focus on balancing strict enforcement with harm reduction and human rights considerations. Key advocacy points include:
Harm Reduction and Public Health:
Treatment and Rehabilitation: Advocates emphasize the need for more treatment centers and programs like Medically Assisted Therapy (MAT), started in 2011, to support opioid addicts. Currently, MAT is available in 11 health facilities, but access remains limited, especially in rural areas.
HIV Prevention: With an estimated 25,000–50,000 people who inject drugs (PWID) in Tanzania, advocates highlight the link between drug use and HIV transmission (e.g., 15.5% HIV prevalence among PWID in Dar es Salaam). Harm reduction programs, such as needle exchange and opioid substitution therapy, are critical to reducing this burden.
Public Education: Advocacy groups push for increased awareness campaigns targeting youth, families, and educators to prevent drug abuse, as most users begin in adolescence or young adulthood.
Decriminalization of Minor Offenses:
Some advocates argue that Tanzania’s strict laws, which impose fines and imprisonment for possession of small quantities of drugs like cannabis, disproportionately harm low-level users. They draw inspiration from reforms in other countries, like Tunisia, where advocates have called for decriminalizing personal use to reduce prison overcrowding and social stigma.
A shift toward fines or alternative penalties for first-time offenders is often proposed to focus enforcement on trafficking rather than personal use.
Addressing Corruption:
Corruption remains a significant barrier to effective drug law enforcement, with traffickers using financial influence to evade justice. Advocates call for stronger anti-corruption measures within law enforcement and judicial systems to ensure fair application of the law.
Regulatory Challenges in Drug Shops:
Small drug shops often violate regulations by stocking prescription-only medicines without valid permits or qualified staff. Advocates suggest improving regulatory oversight through regular inspections and training for retailers, rather than outright bans, to ensure access to essential medicines while curbing illegal sales.
International Cooperation:
Advocates support Tanzania’s collaboration with international bodies like the UNODC and the U.S. Bureau of International Narcotics and Law Enforcement Affairs (INL) to strengthen interdiction, training, and regional cooperation. Successful examples include the 2023 record drug seizure and the 2022 extradition of a major drug baron.” law_org=”Cannabis Policy Reform:
Cannabis, locally known as bangi, is the most commonly used drug in Tanzania, cultivated in regions like Tanga, Arusha, and Iringa. While illegal, some advocates argue for regulated medicinal use, citing its traditional use for ailments like earaches and malaria in rural areas. However, cultivation and possession remain offenses, and the government actively destroys illegal plantations.
Challenges for Advocates
Cultural and Legal Resistance: Tanzania’s conservative society and strict legal framework resist calls for decriminalization, especially for cannabis, due to concerns about increased drug abuse.
Resource Constraints: Limited funding and infrastructure hinder the expansion of treatment and harm reduction programs, particularly in rural areas where knowledge and practices around drug use are poor.
Balancing Enforcement and Rights: Advocates face the challenge of promoting harm reduction without undermining the government’s efforts to combat trafficking, given Tanzania’s role as a transit country for heroin and cocaine.”][bunch_our_attorneys_v2 cat=”our-attorneys” sort=”date” order=”ASC” title=”Meet Family Attorneys” num=”3″][/vc_column][/vc_row]