The decriminalization of dagga: An in depth look

CALL it what you will: pot, weed, grass, ganga, dope, herb, Mary Jane or joint, you can now plant your cannabis and smoke it in your home without being convicted.

The recent Constitutional Court ruling on the legality of the private use of dagga has been the cause of much discussion, launching thousands of memes and jokes on social media platforms as everyone has a bit of fun with the “highest” court in the country ruling in favour of people using cannabis recreationally not being seen as criminals.

Chief Justice Raymond Zondo’s ruling effectively means that the cultivation, use and possession of the substance, for their personal use, by adults, in the privacy of their home, cannot, in terms of the constitution, be considered a criminal activity.

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Although the statute books still contain laws against the growth, owning and use of cannabis, the ruling gave parliament two years to change the relevant section (4b) of the Medicine Controls Act to fit the constitutional parameters the court identified.

Many questions still remain to be answered about the ruling such as how much of the substance is acceptable for ‘personal use’, and what exactly constitutes ‘private’ space.

People are also raising questions about how the ruling will impact on policing and how new rules will be enforced. There are all still issues which will, in months to come, need to be decided. One thing is certain though, this ruling will be under discussion by legal experts, lay people, and anyone with any opinion on the matter for a long time.

Regular smoker is happy

Mariannhill’s David Mchunu, who smokes dagga which has also many Zulu names such as ‘umthunzi wezinkukhu’, ‘inkantini’, ‘izolo’, ‘ugwayi wesiZulu’ and more, said he is very happy with this judgement.

“We are now free.” According to Mchunu, dagga is not a drug, but a traditional cigarette which has been around for a very long time and it also serves as a medical cure for many diseases.”

Mchunu said: “I disagree that dagga makes you crazy. The problem is some people misuse it and mix it with other substances. Dagga just reveals your character. If you are a friendly person like me, you socialise more but if you are a lazy person, then you become tired all the time,” he said.

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Mchunu agreed with those who said dagga has medicinal properties and said he is a firm believer that dagga alleviates pain caused by many diseases, especially cancer.
As much as Mchunu is happy about this new law, he pleaded with people who smoke dagga to smoke it responsibly and keep it private.

“You need to respect other people and not smoke in public. I also urge young people who are still in school not smoke dagga and for people to stop mixing it with other substances because that is where the problems begin,” he added.

SANCA is concerned

Sithembiso Mdlanzi from the South African National Council on Alcoholism and Drug Dependence (SANCA) said he wants to set the record straight that dagga has been decriminalised and not legalised.

“That means if police catch you with a certain amount of dagga that you mean to sell, then they can arrest you. You can smoke in your private space, but selling it is still against the law.”

Mdlanzi, who works with schools and communities, said: “Dagga is already the number one problematic drug in school. Now they will be using more. This law does not take away the problem that comes with smoking dagga.”

Police need guidance and directives

The message from the top cop at Bellair SAPS is that each case will be weighed on its own merits until parliament makes a decision on the quantity of cannabis an adult may use, possess or cultivate for it to be considered for personal use in private dwellings.

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The judgement passed by Deputy Chief Justice Raymond Zondo last week ruled that the existing legislation was unconstitutional and gave parliament 24 months to update the relevant acts.

“We, as SAPS, await further guidance and directives from the Minister of Police,” said Bellair SAPS station commander, Lt Col Radash Ramchunder. “All previous cases will be dealt with and finalised, keeping in mind changes will only come into effect once the Ministry provides guidance on the ruling. Each case will, however, be dealt with on its own merits,” he said responding to questions sent to him from our sister publication, the Queensburgh News.

Ramchunder said the court found that any police officer would have to consider all the circumstances to determine what amount of cannabis is, or not, for that adult persons’ personal consumption. “A police official may, on reasonable grounds of suspicion that a person is in possession of cannabis for dealing, arrest a person, but a court will ultimately decide on the outcome.”

It is the thin edge of the liberty wedge for IRR

The Institute of Race Relations (IRR) welcomed the ruling and said it is an important step in affirming the rights of individuals to make decisions on issues that affect them and their lives.

People should be free to decide without interference from the state whether or not to use a substance such as cannabis in the privacy of their own home, in the same way as they can choose whether or not to consume alcohol at home. This right is legitimately restricted only when it impinges on others, such as by driving a vehicle while under the influence of alcohol.

“The ruling is the thin edge of the liberty wedge, which makes South Africans freer,” read the statement.

IFP said act responsibly

IFP National Spokesperson, Mkhuleko Hlengwa MP, said, “It is our hope the unanimous judgement will also see the fast-tracking of legislation for the commercialisation of hemp in our country which will boost the economy and create jobs.

The party has, since 2014, been at the forefront of calls to commercialise hemp in South Africa.

“We call upon all adult South Africans to act responsibly in terms of their private cannabis use.”

Addiction problem

The South African Society of Psychiatrists (SASOP) notes with concern a growing public perception of cannabis as a ‘harmless’ plant, and that few measures have been instituted to address this.

According to Dr Abdul Kader Domingo, member of the SASOP Special Group on Addictions, it is estimated that one in six teenagers using cannabis will become addicted to it.

“Cannabis use during the adolescent period may cause lasting cognitive deficits, even after sustained abstinence. It may disrupt the process of brain maturation and affect aspects of memory, attention, processing speed and overall intelligence.”

ADeC welcomes the ruling

The African Democratic Change leader, Moses Mayekiso, said the criminalisation of cannabis for medicinal and recreational used was indeed a shame and infringed on the rights of the African people.

We have seen the long history of cannabis use as a treatment for those suffering from cancer, Parkinson’s disease and Alzheimers.

By criminalising marijuana, we turned ordinary citizens who use it recreationally into criminals.

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