The country is abuzz following the Constitutional Court’s ruling on the use of dagga.
In case you missed it, the court ruled officers are no longer allowed to arrest adults in private spaces for using or growing dagga for their own use as it infringes on their right to privacy (watch how Google is about to experience a boom in searches for growing dagga at home).
To refresh your memory, in March 2017, Justice Dennis Davis handed down a judgment in the Western Cape High Court that declared sections of the Drugs and Drug Trafficking Act invalid and unconstitutional after an application brought by Rastafarian lawyer Gareth Prince, an advocate for the decriminalisation of marijuana.
Prince argued the criminalisation of dagga use and possession was a violation of the right to equality, dignity and freedom of religion.
Davis suspended the order of invalidity on the use of cannabis until it could be confirmed by the Constitutional Court.
The Law has spoken, but sadly the Law has opened the doorway for an even greater lawless society. Ironic that in a country of so much disorder and chaos, the legalisation of the use of marijuana will only fuel a state of greater moral decay.
Sure, many people are over the moon following the ruling, and some will argue cannabis as an industry can now be harvested to do good in society.
The reality is that in this very column it has been reported that recent studies show one out of every five adults in SA is hooked on some or other sustenance.
Also, according to the latest crime stats, more than 1 600 drug-related cases were reported to the Boksburg police stations over the period of 2017/2018.
So yes, here in Boksburg and South Africa we sit with a huge problem with substance abuse. Now we have just added a whole barrel of fuel to the fire.
Following the ruling, the Sinoville Crisis Centre (SCC) issued a statement declaring its devastation by the news. It pointed out the use of one drug eventually leads to the use of more serious drugs.
The SCC also raised a pertinent point that the Constitutional Court did not legalise the use thereof among children.
So the question was asked whether parents will be allowed to smoke cannabis in their homes in the presence of their minor children. This, of course, does not make sense, as smoking in restaurants is prohibited.
On top of that, we sit with the youth that is becoming increasingly lawless, desperate and frustrated. Of late, a learner stabbed a teacher, which are signs of the youth clearly being out of control.
Are we surprised at such action, after we have removed corporal punishment out of schools and have forbidden parents to spank children as a form of discipline?
We are our own worst enemy as we pursue this course of protecting rights but at the same time allowing for an environment of chaos and anarchy. Any wonder why the crime rate is so high?
While the ruling was done to protect privacy, at the same time it has extended a hand of moral destruction to a country already on the tipping point, facing an abyss of moral implosion.
With the dust settling on the landmark dagga ruling, questions have also been left unanswered about how the decriminalisation of the personal use and cultivation of cannabis by adults in private spaces will be policed.
Remember, dealing in dagga remains a criminal offence. Yet it is going to be increasingly difficult to determine who is contravening the law and who is not.
The judgment also doesn’t specify the amount that can be used by an adult in private use. The separation of powers has been activated, and this must be determined by Parliament.
So you are still not allowed to deal in dagga, along with using it in public spaces, close to children or around non-consenting adults.
If you, therefore, want to grow your pot at home and invite friends over, how will the police know if you are dealing or not? The matter is clouded in a smokey haze.
Also, keep in mind, it will be up to police to determine whether a person is a dagga user or a dealer, based on the quantity found in that person’s possession. A judicial nightmare might soon unfold.
I guess there are certain plus points to the ruling, such as if you grow your own pot you are no longer dependent on dodgy dealers, you are in charge of the quality of marijuana you grow and you don’t have to be afraid of your weed being laced with other substances.
Many will also now have a new hobby, spending far more time in the garden than usual. But as you do so, suddenly finding gardening a tranquil pastime, please remember to be considerate of your neighbours if you live in a complex and be mindful of the amount you grow as you may be considered a distributor.
At the end of the day, we will have to wait and see what happens. Personally, this ruling is not a highlight for our country.
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