It is illegal and is considered a very disgusting and primitive habit, no doubt because of its ties to some underdeveloped nations. Although there appears to be a steady flow of the substance to the island, consumption remains mostly confined to Somalis and Eritreans, who let it be brought by family and friends living in the UK, where it is legal, according to Inspector Dennis Theuma. When fresh, khat leaves are bright and purple, resembling wilted basil. Khat leaves usually begin to deteriorate 48 hours after harvesting the shrub on which they grow. The deteriorating khat leaves are leathery and turn yellow-green. His lawyers, José© Herrera and Véronique Dalli, argue that it is not the plant that is illegal, but extracts of cathine and cathinone, its active ingredients. Khat is not illegal in its raw form, they hold it. The argument that the accused did not intend to commit a crime was described by the court as “lame at best”. He recalled how Khayre refuted the suitcase`s ownership with the plant and that it was wrapped in banana leaves to preserve the two illegal psychoactive ingredients.
The complainant said he was aware of the effects of chewing the plant, which is common in the Horn of Africa and the Middle East and legal in the UK. However, he didn`t know which chemical was doing what to cause the effect. A Somali man was imprisoned for possession of khat, but only because he immediately admitted the charges against him. Maani Khayre from Awey, who was arrested at the airport about a year ago with 10 kilograms of khat in his luggage, said he brought it to celebrate his birthday with family and friends and did not know it was illegal here. In addition, he decreed that although khat is not restricted like marijuana, its natural constituents, cathine and cathinone, “are definitive” and that these “cannot coexist without the plant (since in this case it was not man-made). Logically, this does not and cannot legalize its presence. I doubt it, because most drugs are completely illegal. You can risk it if you like, although Mr Khayre quoted Mr Mifsud`s statement when he said that the extraction of cathin from khat can only be done by a chemical process. “You need a lab where a chemical process is done that adds other chemicals and structures to cause a chemical reaction on the plant itself.” The use of khat is accepted in Somali, Ethiopian and Yemeni cultures; In the United States, khat use is more common among immigrants from these countries. Abuse rates are highest in cities with large immigrant populations from Somalia, Ethiopia and Yemen, such as Boston, Columbus, Dallas, Detroit, Kansas City, Los Angeles, Minneapolis, Nashville, New York and Washington, D.C.
Khayre had admitted that he bought the plant in the UK, where it is legal, and brought it to Malta to use with his friends at his birthday parties. He said that if Maltese lawmakers had wanted to ban khat, they would have done so because cannabis and some variants of the poppy plant were banned by law. In addition, he explained that Maltese law does not prohibit other plants containing narcotics in negligible quantities, such as sage. From 14 kilograms of khat, about 28 milligrams of cathine were obtained. He therefore argued that he had no criminal intent to extract cathine, comparing the situation to a scenario in which a person is charged with illegal possession of alcohol in a Muslim country because he was in possession of grapes. Mr Khayre told his interrogators that he had emigrated from Somalia to the UK about nine years ago and that chewing khat was very popular in his home country, especially when socializing. A lower court ruling yesterday suggested that the khat plant is locally illegal after the court ruled that while the plant is not restricted by law, its amphetamine-like content, cathine and cathinone, “is final.” According to a website cited by the court presided over by Justice Miriam Hayman, “the khat plant has been used as a recreational and religious drug since ancient times by indigenous peoples in East Africa, the Arabian Peninsula and throughout the Middle East.” Fresh khat leaves are chewed like tobacco. Khayre, 32, was arrested at Malta International Airport on the night of 9 May 2008 after disembarking from a return flight. He was carrying 14 kilograms of khat leaves in a suitcase. M. Khayre, 32, denied that he should have been acquitted of Cathinon`s two counts because court expert Mario Mifsud found no trace of the substance in the plant. Secondly, he argued that he could not have committed a crime by importing the plant, since khat was not illegal in Malta.
A man detained for six months in a landmark case has appealed the court`s verdict finding him guilty of importing two types of banned substances contained in 14 kilograms of khat plant he brought back from Britain. Khayre`s legal representatives, José Herrera and Veronique Dalli, argued that he imported a plant without restriction, so he should not be convicted of doing something that was not a crime in court. In addition, they argued that their client did not intend to commit a crime. In Malta, the illegality of the substance, particularly in the form of leaves, has not yet been tested. Fresh khat is usually chewed, then held in the cheek and chewed intermittently until the juice is extracted. Dried khat can be brewed into tea or made into a chewing paste. Less common methods of administering khat include smoking or spraying food. The immediate effects of using khat include increased heart and breathing rate, increased body temperature and blood pressure, and increased alertness, arousal, energy, and chatter. The effect of khat usually lasts between 90 minutes and 3 hours. The after-effects of khat use include lack of concentration, numbness and insomnia. The plant, Catha edulis, has been chewed by East Africans for hundreds of years and plays a huge role in the social life of both men and women.
But it is banned in America, Canada and most countries in Europe, even though it is legal in the UK. – What is Khat? – What does khat look like? – How is khat used? – Who uses Khat? – What are the risks? – Is khat illegal? Khat (Catha edulis) is a flowering shrub native to East Africa and the Arabian Peninsula. The term khat refers to the leaves and young shoots of Catha edulis. The plant has been widely used since the thirteenth century as a recreational drug by indigenous peoples of East Africa, the Arabian Peninsula and the Middle East. Individuals chew khat leaves because of their stimulating and euphoric effects, which are similar to those but less intense than those resulting from cocaine or methamphetamine abuse. There is no legal use of khat in the United States. Khat contains two central nervous system stimulants: cathinone – a list I1 drug under the Federal Controlled Substances Act – and cathine – a list IV drug.2 Cathinone is the main active stimulant; Its values are highest in fresh khat. Once the plant is harvested, cathinone levels begin to drop; Cooling the cut plant material reduces the rate of decrease. In dried or dehydrated khat, also known as graba, cathinone can be detected for several months or even years. Cathine, which is about 10 times less potent than cathinone, remains stable in khat after the plant is harvested.
Samples of khat in which a cathinone content is found by chemical analysis shall be treated as List I plant material. Khat samples in which only cathine can be detected by chemical analysis shall be treated as List IV plant material. Chewing khat has gained popularity among East African communities living in Malta, but Justice Hayman commented that “the influx of people of different cultures to our island does not and should not mean acceptance of foreign traditions, especially those that have serious illegal effects.” Police inspectors Pierre Grech and Dennis Theuma are being prosecuted. 1. Schedule I drugs under the Controlled Substances Act (CSA) are classified as drugs with high potential for abuse, no currently accepted medical use in the United States, and an accepted lack of safety for medically supervised use of the drug.
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