HEY Bro, before you rush out to your herb garden in great excitement and sow seeds for your private dagga plantation, read on.
Cannabis is not legal, even though the Western High Court made a landmark ruling on Friday, 31 March, declaring that it is an infringement to ban the use of cannabis by adults in private homes.
In making the ruling, Judge Dennis Davies allowed for the possession, cultivation and use of cannabis at home, however, Judge Davies has also given Parliament two years in which to change the law where it is in breach of the constitutional right to privacy.
New Germany resident, Lawrence Kuhn, who was arrested for possession of drugs worth R1-million in January, explained what this means.
“It will take time before the law actually changes, until then, there is a “grey area”. The State will put the case aside for two years. It’s called ‘Stay of Prosecution’ but these cases can be recalled in two years if the law isn’t passed,” said Kuhn.
The laws for the use of cannabis outside the home would still have to be determined in a parliamentary process.
Kuhn said the police can enter a home and arrest a person for using cannabis even though the right of privacy can be used as a defence when charged.
“The courts have not decided on the quantity that is legal, the quantity that you can cultivate on your property or whether you can recover your cannabis once its confiscated after your arrest,” said Kuhn.
In a media report after the ruling, the Dagga Party leader, Jeremy Acton said: “A suspension of invalidity for two years effectively means that the old laws stand until two years is up. Then the judges have to decide what to do about people arrested while the laws are being amended.”
Kuhn warned that cannabis users should be responsible adults and not flaunt it.
“It’s still illegal, according to the fine print,” said Kuhn.
Kuhn was arrested on Sunday, 15 January for producing and supplying various cannabis products.
Police seized 164.4 kilograms of higher grade compressed dagga and 640 litres of benzine and magic mushrooms at his home in Wehaus Street, New Germany and valued the seized dagga at approximately R1-million.
However, he claimed the cannabis he was in possession with was for producing cannabis oil – a medicinal product, not drugs.
He appeared in the Pinetown Magistrate’s Court on Monday, 16 January, and was released on R5 000 bail.
He said due to the volume of cannabis he had on his property, he cannot plead the same defence and therefore will be tried for commercial possession.
His next appearance in court is on 25 April.
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