Dagga possession might still get you arrested

MBOMBELA – The South African reported on May 24 that former health minister Aaron Motsoaledi deregulated Cannabidiol (CBD) products with a maximum dose of 20 milligrams. It would fall outside drug regulations for the next 12 months. That means it is now officially available without a prescription.

CBD usually found in oil form has become very popular over the years because of its health benefits and is non-psychoactive, which means it does not get you ‘high’. Tetrahydrocannabinol (THC), has pain relieving properties and is largely responsible for the high you experience. Marijuana contains both THC and CBD, and these compounds have different effects.

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CBD is used to reduce vomiting and nausea and treat pain. It can also relieve anxiety, reduce the risk of diabetes and cardiovascular disease, and create resilience to trauma, according to the British Journal of Clinical Pharmacology.

The highest court in the country has ruled that the private cultivation, possession and consumption of cannabis as legal.

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The ruling says that section 4(b) and 5(b) of the Drugs and Drug Trafficking Act 140 of 1992 and section 22A(9)(a)(i) of the Medicines and Related Substances Control Act 101 of 1965, are inconsistent with the right to privacy contained in section 14 of the Constitution and therefore invalid to the extent that it makes the use, possession or cultivation of cannabis for private use a criminal offence.

The court further stated that Parliament has a period of 24 months to rectify these constitutional defects and enact legislation, to provide the necessary guidelines on the quantity that a person may have in its possession.

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According to the Drugs and Drug Trafficking Act 140 of 1992, anything under 115 grams can be successfully argued as being possessed for personal use. If a police officer incorrectly exercises his discretion and arrests somebody, the matter goes to court. The court will ultimately decide what amount is considered reasonable until Parliament enact legislation to govern possession of cannabis for personal use.

The two members, a sergeant and a constable, both in their early 30’s, were arrested on May 10, after they were found in possession of three large bags of dagga. They are expected to appear at the Tonga Magistrate’s Court on a charge of dealing in dagga.

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According to police spokesperson in Mpumalanga, Brig Leonard Hlathi, his team ensured that two members stationed at the police station of KaMhlushwa, near Malelane, will face the full force of the law for this unlawful act, as reported by Mpumalanga News on May 13.

This amount of dagga clearly exceeds the 115 grams, as prescribed in the Drugs and Drug Trafficking Act 140 of 1992 and will certainly not be considered to be a reasonable amount to have in your possession by any court.