PRETORIA, SOUTH AFRICA – JULY 31: Jules Stobbs stands next to members of the Concerned Young People of SA outside the North Gauteng High Court on July 31, 2017 in Pretoria, South Africa. Stobbs and his partner Myrtle Clarke are mounting a legal challenge to cannabis smoking laws. (Photo by Gallo Images / The Times / Alaister Russell)
PRETORIA, SOUTH AFRICA – JULY 31: Jules Stobbs stands next to members of the Concerned Young People of SA outside the North Gauteng High Court on July 31, 2017 in Pretoria, South Africa. Stobbs and his partner Myrtle Clarke are mounting a legal challenge to cannabis smoking laws. (Photo by Gallo Images / The Times / Alaister Russell)
There have been scenes of jubilation across South Africa, as marijuana users celebrate the decriminalisation of dagga for personal consumption.
Confusion, however, seems to be the name of the game with this ruling. Many were under the false impression that private dagga use was already fine. However, this initial decision in the Western Cape High Court was never enshrined in law due to various state appeals.
On Tuesday morning, the issue was put to bed. Well, sort of. Yes, using weed at home is now legal. But things aren’t as black and white as they first seem.
Raymond Zondo, with his burgeoning reputation for being a bad-ass thanks to his state capture inquiry leadership, has told the government they have two years to finalise the terms and conditions of this new legislation. Here’s what they will have to consider:
Smoking dagga in South Africa – Questions about
the law:
Will previous convictions be overturned?
So as of Tuesday 18 September, The Constitutional Court specified it has granted interim relief that allows personal use at home. Great news if you’ve effectively been breaking the law up until very recently. But what about those who have done the crime, and been given the time?
A handful of South Africans have been jailed for their use of dagga in recent months. The government will have to decide if those still serving time should be exonerated, or if any previous possession charges can be wiped from a criminal record.
Will weed be sin-taxed?
Alcohol and tobacco are already highly taxed in South Africa, so you can go ahead and ignore those who say the best things in life are free. However, what bracket will cannabis fall under?
The plant itself has a multitude of uses – it’s famous for its versatility as a medical treatment, in the form of oil and various ointments. However, given its recreational status, the ANC could be tempted to add as much as 10% tax on to its value, should dagga then be sold commercially.
How much dagga can one person legally own?
Before it goes through the rigorous edits of Parliament, the law currently defined the limits in ambiguous terms. Home use is permitted is every one person is using “enough for one person”
According to the Drugs and Drug Trafficking Act 140 of 1992, anything under 115 grams can be successfully argued as being possessed for personal use. However, the government will be required to “neaten up” this law, explaining clearly what you should – and shouldn’t – be in possession of.
Possession vs intent: What about when I’m in between
private locations?
Right, you’ve got your personal supply with you in your home. You then leave to go to a friend’s home, where they also have a personal supply. You smoke what you’ve got in the confines of a private property. That’s all perfectly legal, according to ConCourt – but what about that bit in between?
If you’re in possession of weed and you’re stopped by the police in a public area for whatever reason, how does that get handled? Zondo attempted to explain this, stating that cases would come down to “interpretation”:
“If a police officer finds a person in possession of cannabis and he or she thinks it is not for personal consumption, he or she will ask the person such questions as may be necessary to satisfy himself or herself whether the cannabis he or she is in possession of is for personal consumption.”
So it’ll be up to whatever officer you get to decide if you’re overdoing it with the hash. Sadly, this leaves a lot of South Africans in limbo. A clear per-person total must be set.
Where will you be able to buy dagga from?
ConCourt’s ruling means that any South African aged 18 or over can grow, use or cultivate their own supply. However, it is still a crime to sell this product and it also remains illegal to publicly market dagga.
This is perhaps one of the biggest issues. Are all cannabis users in the country now expected to only use their own supply? Must we all grow cannabis plants in our homes and learn how to successfully harvest them?
It still remains uncertain as to how you can legally get weed into your private abode, so you can smoke it legally. There may be a two-year deadline for the government to answer these questions, but the sooner it’s finalised, the better. Putting it quite simply, too many grey areas remain over this green issue.
