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The use of Cannabis spans all geographical locations and all sectors of our population. Adult use is both the cornerstone of our legal argument and the umbrella under which all other uses of Cannabis should be considered. Adult Use is also, usually, the last and final nail in the prohibition coffin – all around the world.
In the second decade of the 21st century, stigma surrounding the use, cultivation and trade in Cannabis is a very real part of our world. The word ‘recreational’ implies that our use is carefree, irresponsible and reckless, rendering the word recreational inappropriate.
“… the illegality of Cannabis is outrageous, an impediment to the full utilisation of a drug which helps produce the serenity and insight, sensitivity and fellowship so desperately needed in this increasingly mad and dangerous world.” Carl Sagan, Mr X, 1969.
Although the Constitutional Court Judgement of 2018 allows for the use and cultivation of Cannabis within private spaces, people who live in informal settlements and many in our nation’s townships and urban areas do not have private spaces where they can grow Cannabis safely and securely. In this context, the Cannabis for Private Purposes Bill is not fit for purpose when considering the economic plight of so many of our citizens, particularly our rural Cannabis farmers who have relied on this cash crop for generations.
The following laws prohibit the trade in Cannabis in South Africa:
• Drugs and Drugs Trafficking Act 140 of 1992
• Medicines and Related Substances Control Act 101 of 1965 (the Medicines Act)
• Section 21 of the Medicines Act (Inadequate access to Cannabis warrants inclusion
of this law here. It can be seen as enabling.)
We patiently await changes / amendments to these laws to come into line with the Constitutional Court judgement.
The harms of prohibition far outweigh the perceived harms of the plant AND the perceived harms of the trade therein.
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