Draft dagga Bill a downer – experts

Two years ago, the Constitutional Court decriminalised the possession and cultivation of cannabis by adults for personal private consumption.

It was a historic day that gave many weed lovers on a natural high.

After the long wait for the Cannabis for Private Purposes Bil to be made public, the industry’s hopes and expectations slumped when it was tabled in parliament on 1 September. The call for comments opened on 9 September and closes on 9 October.

According to industry experts, it’s not what was in the Bill that resulted in the anticlimax, it’s how it has “completely missed the mark” by failing to highlight the business opportunities.

Andrew MacPherson, senior associate in the dispute resolution practice at law firm Cliffe Dekker Hofmeyr, said it was expected to unlock some financial growth opportunities.

“Those with skin in the game felt quietly optimistic that the coming Bill would be the first step in a revised, progressive approach to cannabis.

“One which would in due course see the unlocking of the myriad benefits of the plant, such as the tax revenue which could be generated, the jobs created, or the environmentally-friendly textiles and building materials which could be sustainably and cost-effectively produced,” he said.

Lacking a collaborative effort

MacPherson said that upon a cursory glance at the Bill, hopes were immediately dashed because of the concern that it had been drafted by the department of justice and correctional services.

“This belies a particularly conservative approach to the drafting process. The focus remains on restricting access to, and the use of, cannabis against the threat of rather severe legal consequences in the form of fines and jail time.”

MacPherson said the industry wanted a collaborative effort between departments such as health, agriculture and finance.

“The drafters have seemingly adopted a rather narrow and traditionalist perspective in their preparation of the Bill, which as currently constructed does not give an inch more than was mandated by the Constitutional Court,” MacPherson said.

Failure to see commercial prospects

He highlights how the South African the government failed to use the legalisation to create tax revenue to support small businesses and restorative justice programmes.

MacPherson said the most glaring of all the oversights was that the Bill failed to address any of the commercial aspects and opportunities that cannabis presented in the country.

He said this was insufficient when the whole country could be participating in and benefitting from the cannabis economy.

The Bill states that adults 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; and cannabis.

“By prohibiting the exchange of remuneration for cannabis, cannabis plants, seeds, and seedlings, the Bill envisages idealistic altruism while completely ignoring the commercial realities involved
in growing, processing, and supplying cannabis for personal consumption.”

This article first appeared on Moneyweb and was republished with permission.

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