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.
These domestic political processes have largely been ignored in the existing depictions of drugs in West Africa, as they have mainly focused on externally driven drug threats and foreign policy responses. Most importantly, they have ignored the role played by the state. Rather than being too weak, the Nigerian state has shown a clear tendency towards repressive and coercive drug policy, which has received little popular support.
In recent years, international organisations have warned of the lethal trade in fake drugs particularly in Africa. This article assesses how and why fake pharmaceuticals have become a problem in Nigeria and how successful the state has been at regulating it, based on archival, official and interview data. While the article shows that the early roots of this trade can be found in colonial times, its expansion and growing policy concern were driven by crises in the Nigerian pharmaceutical industry and the healthcare system in the 1980s. In contrast to dominant explanations, the authors argue that the rise of fake drugs in Nigeria was closely linked to these national crises and related global trends towards market liberalisation and the commodification of health. In this unfavourable context, policies to regulate fake drugs remained limited as they only addressed the symptoms of a more fundamental political and economic problem: the shift from public health towards private wealth and profit-making.
This article assesses the impact of drugs on agricultural production, trade and livelihoods more broadly by focusing on cannabis and khat in Lesotho, Nigeria and Kenya. It actively engages with research that has recently begun to explore the links between drugs and development in Africa and challenges some of its key assumptions. It argues that based on the available empirical evidence, the causalities between drugs and underdevelopment are not apparent. It proposes a more nuanced understanding of the impact of cannabis and khat, showing how they have provided farmers and entrepreneurs with opportunities not readily available in difficult economic environments.
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