Uncertainty still reigns after cannabis, commonly known as dagga or ganja, was decriminalised recently by the Western Cape High Court.
As time ticks for parliament to enact appropriate legislation for the drug’s private use, smokers and those found with it public spaces are still arrested. The Western Cape High Court ruled that the appropriate law should be enacted within 24 months. Meanwhile, those found transgressing in public space are arrested by the police and prosecuted by the courts.
Read: Separating the facts from fiction about using dagga
Welcoming the court’s decision as a vindication, a proponent decried the lack of the frameworks saying it creates confusion between the users and the police. Dumisane Ndlovu appealed to parliament to speed up the process to protect the users.
Alex Police Station spokesperson Captain Stephen Malatji said its still work as usual for the police on those found in possession and smoking in public until the whole matter is clarified and instructions issued.
“Police cannot act on discretion but a legal instruction to enable the prosecution process to also act from solid evidence and parameters,” Malatji said adding that the officers will still make arrests just like cigarettes smokers can be arrested and prosecuted for smoking in restricted spaces deriving from legal instruction.
Malatji compared the legal use of the drug with prescription drugs saying they are taken as instructed, in private and not ‘willy-nilly’. “The police also do not go around carrying scales to weigh the quantities found in the possession of the transgressors before effecting any arrest.”
Read: Is Dagga really legal, now? Not quite
He said that, in general, drugs are harmful when abused. “People should be self-respecting for their physical and mental health sake.”
Meanwhile, 27 suspects were arrested for driving under the influence of drugs or alcohol and 2 others for drug-related crimes in the week ending 30 September. This is in addition to concerns raised by education stakeholders on drug abuse in schools and residents in general complaining of children dropping out of school and stealing to raise money for particularly for Nyaope, a drug that is wrecking havoc in the community.
Details: Alex Police Station 011 321 7621.
