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Cannabis is not legal in South Africa until the South African Police Service desist, as ordered by the National Commissioner of Police on 23 August 2023, from harassing, searching, bribing, accusing and charging us with “suspicious” activities related to Cannabis. Our Cannabis community still suffers the nasty hangovers of extreme prohibition and we are often locked up in cages, humiliated, frightened and denied our Human Rights.
Most Cannabis cases are thrown out at Magistrate’s Court level with no (free) recourse to the injustices suffered. This status quo disproportionately affects the most vulnerable in our society.
And new “Pot Shops” open up every day in South Africa. Each one equipped with a large stock of brown paper packets.
Ultimately, we will never give up until we have achieved our goal: Human Rights-focused, evidence-based regulation enabling an inclusive, equitable, and sustainable Cannabis Sector that respects and protects ALL interactions with the plant, new and old.
If you would like us to help you navigate your difficult situation, it is important that you write down your arrest story for us.
You don’t have to give us any info you don’t feel comfortable with but we need to know your location / geographical area.
Please submit your info via the red button below. We have also supplied links to institutions who may be of assistance.
You’ve been arrested.
Not much time.
At your first court appearance you simply need to ask for postponement as we will be helping you and you need time to do your paperwork.
Our role in this is to help you use the CONSTITUTIONAL JUDGEMENT, handed down in September 2018, to assist you in having your case dismissed.
Our role in this is to help you use the CONSTITUTIONAL JUDGEMENT, handed down in September 2018, to assist you in having your case dismissed.
Know Your Rights Before Its Too Late.
FOR THE POLICE:
A person’s vehicle, home, bag and pockets are private spaces and cannot be searched without an original signed warrant shown beforehand.
According to case law, an officer cannot search someone’s person, house or car simply because they believe the person is “suspicious”. This simply will not hold up in court.
The Constitutional Court clarified the legal status of warrantless search and seizures on 27 July 2016 (Minister of Police and Others v Kunjana [2016] ZACC 21) and found that these searches infringe on the right to privacy to a degree that cannot be justified, finding sections 11.1 (a) and (g) of the Drugs and Drug Trafficking Act unconstitutional.
Dealing CANNOT be assumed. The 18 Sept 2018 Constitutional Court ‘Privacy Judgement’ said “there will be cases where it will be difficult to tell whether the possession is for personal consumption or not. In the latter scenario a police officer should not arrest the person because in such a case it would be difficult to show beyond reasonable doubt later in court that that person’s possession of Cannabis was not for personal consumption”. …so the magistrate will throw the case out.
Dealing CANNOT be proved without an undercover operative, marked notes or photographic evidence. Several bags or jars stored together (even near cash!) is NORMAL and still does NOT imply dealing and will NOT hold up in court.
YOU CANNOT ASSUME DEALING JUST BY HOW MUCH DAGGA SOMEONE POSSESSES
Quantity DOES NOT MATTER and is a useless measuring stick. BE AWARE that the law that says more than 115g of Cannabis constitutes dealing has been deemed UNCONSTITUTIONAL in S v Bhulwana; S v Gwadiso 1996 (1) SA 388 (CC).
If you are at home, be calm.
If the police are outside, go to the gate, but do not open it.
Ask to see a search warrant. If they do not have a search warrant, they will probably say that they don’t need one, using typical excuses like: “we have due cause to suspect that there are illegal drugs on the property.”
Let them in once you have seen the search warrant and have verified that your name, address, and suspicion of illegal activity are in order.
If you have an attorney/lawyer, politely ask to call them. Be sure to ask the officers to kindly wait for you to call your attorney and for your attorney to arrive before entering your property, particularly if they do not have a search warrant or if you doubt the validity of it.
Remember, you MUST be present when the police search any area of your property. Try to make sure that they do not split up and search areas without your being present.
Unfortunately, police have been known to “plant” evidence. Police have also been known to steal victim’s property. BE ALERT!
Very important:
Make sure that nobody moves or cleans up anything while you are away from your property. Be aware that despite the 2023 Police Directive, there are still instances where people are held at police stations. When you do get home, make sure that you have a trusted witness present (that does not share the property with you). Take detailed photographs of everything and make notes of anything that the police may have broken or mess that they may have made. Check all of your valuables – make a list of any missing items as well as any damaged items. Report your findings to your attorney or your nearest police station as soon as possible.
If you are not at home and someone lets you know that the police are there, GO HOME STRAIGHT AWAY. Follow the steps above.
No matter the circumstances leading to the police knocking on your door, it is incredibly important that you stay calm and cooperate while being observant of what the police do while on your property. You can follow legal recourse at a later date.
You may request to dress warmly before going to the police station if you are arrested at home. Your shoelaces will need to be removed, as well as belts, ties, scarves, and other loose non-essential items. If you are arrested away from home, you may need to request warm clothes from your family when they are allowed to visit.
Most police stations have a policy against food and drinks going into holding cells. Be sure to get rid of any empty containers for your own safety. Food should be provided, but this can be limited. Some stations also do not provide food. You may be able to quickly eat or drink something while your family, partner, or friends visit you, but we cannot guarantee this.
Cigarettes are generally confiscated, but some people have managed to take their cigarettes with them into holding cells.
You are allowed to take any prescription medications with you. You will need to rely on the officers on duty to give them to you at the required times.
Yes, you can. However, this is only possible if you don’t have any prior convictions. Your address will need to be confirmed before your bail application is successful.
Bail applications ONLY apply if there is clear evidence of dealing. Without evidence, you cannot lawfully be held.
Bail is only granted at the discretion of the investigating officer. Complicating factors like firearms (registered or unregistered), large amounts of cash, and other drugs in your possession at the time of arrest will affect your Bail application.
If the investigating officer places you in the holding cells, you will need to request bail from the Magistrate in court. You will need to clarify that you require bail in order to find legal advice. Bail will only be granted if you have no prior convictions or complicating factors relating to your arrest.
You do not need an attorney in order to secure your bail application. However, you are welcome to contact us if you are uncertain.
You WILL end up with a Criminal Record.
However, if you have signed an Admission of Guilt, you will have 3 weeks (21 days) to contest it. You will need to hire an attorney to remove your record, which is a costly and unnecessary experience.
If the Admission of Guilt was signed less than 3 weeks (21 days) ago, and it can be proven to the Magistrate that you signed under duress or without the consequences of signing being clearly explained to you, you can apply to the Magistrate to withdraw or rescind the Admission of Guilt.
Police officials may make it seem like the best option to simply sign an Admission of Guilt – DO NOT GIVE INTO THEM.
Unless you are arrested with undeniable evidence of dealing – which remains illegal – the police MUST give you a court date and allow you to leave. It is unlawful for them to hold you in their cells.
The Department of Justice and Constitutional Development does offer a FREE service to expunge criminal records that fulfil certain criteria. You can learn more here: http://www.justice.gov.za/expungements.html
You only have to provide your FULL NAME, ADDRESS, and state whether you have any previous convictions or outstanding warrants for your arrest and/or cases pending against you. Tell the truth.
If you are pressed for any further information, politely state: “I will make my statement in court”.
Unless you are arrested with undeniable evidence of dealing – which remains illegal – the police MUST give you a court date and allow you to leave. It is unlawful for them to hold you in their cells.
If the police arrest you at your home and there are children under the age of 18 present, they will usually let you make arrangements for a family member / friend to come and take the children into their care until you are released.
If they do not do this, you are allowed 1 phone call when you arrive at the police station. You MUST use this phone call to arrange for an attorney to come to the police cells. You can also phone our helpline 063 174 0938 if you need help.
If there are young people over the age of 18 they will probably be arrested with you. The police usually arrest all people on the property if they find any Cannabis. Know Your Rights!
Charges will not show up in a criminal record search until you have signed an Admission of Guilt. Travel or emigration plans should not be negatively affected if you have not signed anything. Our legal team or your attorney will be able to advise you in more detail.
Should children be present during an arrest, the SAPS are required to work with the Department of Social Development to protect the best interests of the child. An attorney is needed to ensure that ALL procedures are followed correctly.
Once the Cannabis for Private Purpose Bill is enacted, we will have a clearer understanding of how law enforcement must behave where children and Cannabis are concerned.
The law treats citizens over the age of 18 as adults. You can protect your children of all ages by being open and honest about your Cannabis use. Sometimes this is difficult to explain to very young children but teenagers MUST know their rights as well as you know yours.
Only if you tell him / her, or if the fact that you have been arrested comes out due to your absence from work. Remember to always tell the truth if you are asked. Each case and/or employer is different, so be sure to ask for legal advice on employment matters every step of the way. Bear in mind that you will need to be taking time off work for court appearances as well as various other case-related tasks. Be open and honest with your employer about these matters so that you can make court dates without hassle.
Should you be unfairly dismissed due to your arrest, you can follow legal recourse through The Commission for Conciliation, Mediation & Arbitration (CCMA).
Only if you tell them. You may want to use your arrest as an opportunity to enlighten them about the latest scientific, medical, and legal developments on the Cannabis front. Being open and honest about your Cannabis use is vital for a good relationship with your parents, and can help them better understand why you have a relationship with the Plant.
The police will probably say that they don’t have to have a search warrant if they suspect that there are illegal drugs on the property. Refusing entry can lead to violent action from the officers present – property damage to gain access is not uncommon. Allow the officer to conduct their search and cooperate politely while ensuring you are present at all times as they do their search. The matter will be taken up in court. Be polite and let them know that you know your rights.
For roadblocks read this post.
Stay Calm and Cooperate, but do NOT sign anything!
You will be taken to the police station where you will be able to make one (1) phone call. Use this chance to contact your attorney or a trusted family member or friend to find one for you.
You can also call our 24/7 Stop The Cops Arrest Victim Support Helpline at 063 174 0938 – the person answering will guide you on what to say when you appear before the Magistrate on your court date.
You are legally entitled to make your phone call. It is considered police misconduct to be denied your phone call. Should you be denied this right, discuss the matter with your attorney as soon as you are able.
Unless you are arrested with undeniable evidence of dealing – which remains illegal – the police MUST give you a summons with a court date and allow you to leave. It is unlawful for them to hold you in their cells.
Complete the section above on this page that asks for your Name & email address (as if you want to download our Know-Your-Rights booklet) After confirming your email address, you will immediately receive a welcome email which lists the arrest sequence, what to expect and what to do. Forward this email reply to whoever is coming to your rescue, perhaps to two or three people, just to be sure. The best thing to do is Know Your Rights BEFORE you are arrested! Why not download the booklet now and read the Arrest Sequence? You can also phone our Emergency Helpline on 063 174 0938. The person you speak to will also be able to assist you with what to say to the magistrate when you appear in court.
NO!
Whenever accepting legal advice from an attorney/lawyer, ask to see their relevant law association card
NEVER TRUST LAWYERS RECOMMENDED BY POLICE. The high rate of corruption in South Africa unfortunately means that sinister practices are present within our criminal justice system. Corrupt attorneys work with corrupt police officers to exploit members of civil society, and Cannabis Arrest Victims are a prime target.
Ask your family and/or friends to find you an attorney that is unbiased and affordable. Legal fees are high, but you do get what you pay for.
Fields of Green for ALL has developed a fantastic network of legal minds with expertise focused on Cannabis Rights. We will put you in touch with these lawyers. Please, be aware that they will charge a fee suitable to the legal services they provide for you.
You will not be released until bail is paid.
Request to make a phone call so that you can contact your attorney if you have one.
If you do not have an attorney, use your phone call to contact a trusted family member or friend to find an attorney on your behalf. This request can also be made during visiting hours.
A Stay of Prosecution happens when your case is put on ice. That is to say, delayed until the Trial of the Plant is fully heard and judged on.
To date, we have over 150 Stays of Prosecution through our StopTheCops initiative (formerly Join the Queue).
A Stay of Prosecution is the BEST possible outcome for any Cannabis-related arrest and resulting charges that are lawfully carried out.
Yes, it is legal to grow in Private for Personal use Dagga in South Africa at home according to the 2018 Constitutional Court ruling.
Following the 2018 Constitutional Court Privacy Judgement giving us the right to grow, possess, and use Cannabis in private, it is unlawful for police to lock anyone up without a court appearance. Any arresting officer MUST let you go after providing you with a summons and court date.
Unless you are arrested with undeniable evidence of dealing – which remains illegal – the police MUST give you a court date and allow you to leave. It is unlawful for them to hold you in their cells.
We strongly recommend that you get an attorney to help you.
It is against the law for any officer of the law to use undue force when apprehending anyone that does not pose a direct threat to them.
If you are arrested for a Cannabis-related matter, make sure that anyone staying behind does not touch anything.
Once you are home, you will need to take detailed photographs of everything, including the mess left behind and empty spaces where your belongings once were. Do this with a trusted witness present.
Make a detailed list of EVERYTHING that is missing. You will likely need to provide a “proof of purchase” (receipt) for missing valuables, much like when making a claim from insurance.
Police misconduct can complicate arrest cases. We strongly advise seeking legal help via an attorney.
You can apply at your local South African Police Service station for a Police Clearance Certificate. These cost ZAR 170-00
You can learn more here:
https://www.saps.gov.za/services/applying_clearence_certificate.php
To confirm your criminal status for the purpose of expungement of a criminal record, a Police Clearance Report can be requested, at a cost of ZAR80-00 per report.
The Department of Justice and Constitutional Development does offer a FREE service to expunge criminal records that fulfil certain criteria. You can learn more here: http://www.justice.gov.za/expungements.html
It is essential that you clear your record and have confirmation on the status of your record. Companies do hire third parties to check criminal records, which do not always reflect as cleared on the SAPS database.
If you have a Previous Conviction or Criminal Record, any new cases against you may be negatively impacted. You will be denied bail if you have any previous conviction. You will have to get an attorney to represent you.
Our network of legal minds are ready to help – we have negotiated a maximum fee to ensure this process is as affordable as possible. Contact us on 063 174 0938.
One must have an attorney involved when seeking to adopt or foster a child. You are advised to immediately inform your attorney if you hold a criminal record or if you are arrested so that your adopted or fostered child can properly be taken care of.
Our legal team is available to advise on the specifics of your case as it relates to adoption and/or foster care.
The police can arrest whoever they want to and they usually arrest all the people on the property at the time of an arrest. It is not advisable to try to talk them out of doing this as you want to have as little to say to the police as possible. Each case is different so be sure to Know Your Rights. Contact us on 063 174 0938.
Fields of Green for ALL NPC
Bank Name: First National Bank
Branch code: 251655
Cheque Account Number: 62443493458
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Please ensure you supply a proof of payment to jo@fieldsofgreenforall.org.za
