Quasilegality: Khat, Cannabis and Africa’s Drug Laws

TY - JOUR

T1 - Quasilegality

T2 - Khat, Cannabis and Africa’s Drug Laws

AU - Carrier, Neil

AU - Klantschnig, Gernot

N1 - © 2017 Informa UK Limited. This is an author-produced version of the published paper. Uploaded in accordance with the publisher’s self-archiving policy. Further copying may not be permitted; contact the publisher for details

PY - 2018/2/1

Y1 - 2018/2/1

N2 - This article explores the concept of ‘quasilegality’ in relation to two of Africa’s drug crops: khat and cannabis. It argues that the concept is useful in understanding the two substances and their ambiguous relation to the statute books: khat being of varied and ever-changing legal status yet often treated with suspicion even where legal, while cannabis is illegal everywhere in Africa yet often seems de facto legal. The article argues that such quasilegality is socially significant and productive, raising the value of such crops for farmers and traders, but also allowing states to police or not police these substances as their interests and instincts dictate. It also argues that there is no clear link between the law on the statute book and the actual harm potential of these substances. Finally, it suggests that the concept has much wider use beyond these case studies of drugs in Africa in a world where global consensus on drug policy is cracking, and where many other objects of trade and activities find themselves in the blurred territory of the quasilegal.

AB - This article explores the concept of ‘quasilegality’ in relation to two of Africa’s drug crops: khat and cannabis. It argues that the concept is useful in understanding the two substances and their ambiguous relation to the statute books: khat being of varied and ever-changing legal status yet often treated with suspicion even where legal, while cannabis is illegal everywhere in Africa yet often seems de facto legal. The article argues that such quasilegality is socially significant and productive, raising the value of such crops for farmers and traders, but also allowing states to police or not police these substances as their interests and instincts dictate. It also argues that there is no clear link between the law on the statute book and the actual harm potential of these substances. Finally, it suggests that the concept has much wider use beyond these case studies of drugs in Africa in a world where global consensus on drug policy is cracking, and where many other objects of trade and activities find themselves in the blurred territory of the quasilegal.

KW - Africa

KW - Quasilegality

KW - cannabis

KW - crime

KW - drug and policy

KW - khat

UR - http://www.scopus.com/inward/record.url?scp=85029443559&partnerID=8YFLogxK

U2 - 10.1080/01436597.2017.1368383

DO - 10.1080/01436597.2017.1368383

M3 - Article

SN - 0143-6597

VL - 39

SP - 350

EP - 365

JO - Third World Quarterly

JF - Third World Quarterly

IS - 2

ER -