Zambian scientist seeks legal clarity on cannabis for research

By BARNABAS ZULU

MPULAMASAKA Nsoni, a molecular scientist and the owner of Nature by Nature DNA Research Laboratory, has filed an appeal in the Court of Appeal, seeking clarity on the legality of possessing cannabis for scientific research.
The appeal challenges the application of Zambia’s Dangerous Drugs Act of 1967 and the Narcotic Drugs and Psychotropic Substances Act No. 35 of 2021.
Mr Nsoni, whose work focuses on cannabis genetics at the University of Zambia (UNZA), argued that cannabis should be legally available to qualified researchers for scientific purposes.
Mr Nsoni was recently convicted on November 4, 2025, for possession of cannabis.
In his appeal, he contended that the cannabis in question, which he was convicted for, was necessary for his research, which had been properly authorized. He maintained that the prosecution failed to demonstrate any illegal intent or misuse in the possession of cannabis.
One key aspect of Mr Nsoni’s appeal is focused on procedural issues, particularly the role of the National Food Laboratory in testing cannabis samples. According to Zambia’s Food and Safety Act of 2019, the laboratory is tasked with testing food and food-related substances but is explicitly barred from testing narcotics or psychotropic substances.
Section 40 of the Food and Safety Act stated that the laboratory’s mandate is confined to examining food, food additives, and related devices, “specifically excluding narcotics.” Mr Nsoni’s argued that the laboratory’s involvement in testing cannabis was unlawful, and the results should be dismissed.
Additionally, Mr Nsoni specifically, challenged the use of “decarboxylation,” a heating process that converts tetrahydrocannabinolic acid (THCA) into delta-9-tetrahydrocannabinol (THC), which can artificially inflate THC levels.
Mr Nsoni argued that this process could distort the evidence and misrepresent the actual composition of the cannabis samples.
He further asserted that researchers should be permitted to possess controlled substances like cannabis for legitimate scientific purposes. They argue that the current legal framework does not adequately differentiate between recreational and professional use of controlled substances, which may hinder scientific progress.
Mr Nsoni’s case is significant not only for its potential to reshape cannabis research laws in Zambia but also because it is part of a broader legal debate. Another case, People v. Tie Mwape, is currently being heard in Zambia’s High Court. This case, like Nsoni’s, challenges the standards for testing cannabis and the permissible THC threshold. Both cases are expected to raise fundamental questions about how Zambia regulates cannabis for professional and research use.

Internationally, there has been a growing recognition of the value of cannabis in medical research. Countries such as South Africa, Malawi, and Ghana have made significant strides in regulating cannabis for medical and scientific use. South Africa has legalized cannabis for personal use, while Malawi and Ghana are advancing cannabis research for medical applications. According to international drug control conventions, controlled substances should be used only for “medical and scientific purposes,” aligning with ongoing research in countries like the United States and Canada.

For example, medicinal cannabis products such as Nabiximol (Sativex®), a cannabis extract used to treat pain and spasticity in multiple sclerosis, and Dronabinol (Marinol®), used to treat nausea in cancer patients and appetite loss in AIDS patients, have been approved for medical use in several countries. Ongoing studies continue to explore additional therapeutic applications of cannabis, including for pain management, epilepsy, and cancer therapies.

The outcome of Mr Nsoni’s appeal could have profound implications for cannabis research in Zambia and beyond. A favorable ruling might pave the way for greater acceptance of cannabis in scientific research, potentially influencing policies across the African continent.