New proposed dagga laws: Personal use, quantities and offences

Minister of Justice and Correctional Services Ronald Lamola has published the draft Cannabis for Private Purposes Bill which indicates the laws that could possibly come to fruition regarding dagga in Mzansi.

The published bill includes prescribed quantities for personal use, cultivation offences and penalties. If you’re keen to understand what will most likely be allowed and what won’t, we’ve got you covered.

PERSONAL USE OF DAGGA  

An adult person may for personal use;

• Possess the prescribed quantity of cannabis plant cultivation material; 
• Cultivate the prescribed quantity of cannabis plants in a private place; 
• Possess in private, the prescribed quantity of cannabis in a public place; 
• Possess the prescribed quantity of cannabis in a private place; and 
• Possess in private, the prescribed quantity of cannabis plants in a public place.

The bill defines a “private place” as a building, house, room, shed, hut, tent, mobile home, caravan, boat or land or any portion thereof, to which the public does not have access as of right. 

The draft legislation also states that an adult person may, without the exchange of remuneration provide to, or obtain from, another adult person, for personal use the prescribed quantity of:

• Cannabis plant cultivation material;
• Cannabis plants;
• Cannabis.

PRESCRIBED QUANTITIES 

For private use of dagga:

• Unlimited seeds and seedlings; 
• Four flowering cannabis plants or cannabis plant equivalent per adult person; or eight flowering cannabis plants or cannabis plant equivalent per dwelling which is occupied by two or more adult persons; and
• 600 grams dried cannabis or cannabis equivalent per adult; or 1200 grams dried cannabis or cannabis equivalent per dwelling which is occupied by two or more adult persons.

Quantities for dagga cultivation purposes can be found here. 

DAGGA OFFENCES 

Consumption offences include:

• Any person who smokes cannabis in a public place; 
• Any person who smokes cannabis in the immediate presence of any non-consenting adult person; 
• Any person who smokes dagga in the immediate presence of a child
• Any person who smokes cannabis in a private place, within a distance prescribed by regulation from a window of, ventilation inlet of, doorway to or entrance into another place; or forming part of any place where persons congregate within close proximity of one another and where the smoke is likely to cause a hindrance to any person at that place, is guilty of a Class D offence; 
• Any person who consumes dagga in, at or near any place prescribed by regulation where the consumption of cannabis is prohibited; and
• Any person who consumes cannabis in a vehicle on a public road. 

A public place, as defined by the bill, means any place to which the public has access as of right. 

Information on penalties and criminal records can be found here.