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THE TRIAL OF THE PLANT

Fields of Green for ALL’s primary litigation started in the Pretoria High Court on 31 July 2017 and was adjourned sine die (part-heard / incomplete) on 18 August 2017. Since the tragic death of Julian in 2020, Myrtle is still out on R1000 bail (13 years and counting) and is the remaining plaintiff in the case. Myrtle has over 100 cases “in the queue” with her. These were accused who were granted Stays in Prosecution between 2014 and 2018, pending the outcome of The Trial of the Plant.
 

In 2010, Julian Stobbs and Myrtle Clarke, aka The Dagga Couple, were arrested at their home on the outskirts of Johannesburg, South Africa. They were granted a stay in prosecution in June 2011, putting their criminal charges on hold pending the outcome of their Constitutional challenge. The case is such that it will ultimately be heard by the highest court in the land. Subsequently, The Dagga Couple charged eight South African Government Departments with enacting unconstitutional laws. Thus The Dagga Couple became the PLAINTIFFS and the government (together with their co-defendants, Doctors for Life) became the DEFENDANTS. The onus remains on the defendants to prove their case for keeping Cannabis illegal and the regulations that will follow in the footsteps of Cannabis law reform will be subject to the same scrutiny.

A Journey worth Understanding

Fields of Green for ALL has published many articles pertaining to The Dagga Couple’s case and related litigation over the years. We have curated this journey in chronological order, together with a general history timeline and a central repository for all legal documents.

The Trial of the Plant Legal Team

Advocate Don Mahon | Advocate Chris Carelse | Maurice Crespi | Paul-Michael Keichel | Kyle Telfer| Caitlin Wilde | Jasvir-Mangal Sewnarain | Ricky Stone

Judge Natvarlal Ranchod is a judge with the North and South Gauteng High Courts, Johannesburg and Pretoria, South Africa.

Trial of the Plant 2?

On the advice of our legal team and with the permission of Judge Ledwaba who is managing our case, the Trial of the Plant is on hold as we wait patiently for changes to the law. Should we not find the new laws and regulations to be for the benefit of ALL South Africans, Myrtle will certainly return to court.. The status of The Trial of the Plant remains “part heard.”

EXPERT WITNESSES

Various experts, both local and international, were set to testify at the The Trial of the plant with their knowledge covering all of the Four Platforms of use. Most of our experts and witnesses for the State and Doctors for Life were not given the opportunity to present and defend their evidence as the Pretoria High Court trial was unable to be concluded in the given time.

Donald I. Abrams, MD. is chief of the Hematology-Oncology Division at San Francisco General Hospital and a Professor of Clinical Medicine at the University of California San Francisco. He has an Integrative Oncology consultation practice at the UCSF Osher Center for Integrative Medicine. He received an A.B. in Molecular Biology from Brown University in 1972 and graduated from the Stanford University School of Medicine in 1977.
After completing an Internal Medicine residency at the Kaiser Foundation Hospital in San Francisco, he became a fellow in Hematology/Oncology at the Cancer Research Institute of the University of California, San Francisco in 1980. He was one the original clinician/investigators to recognize and define many early AIDS-related conditions. He has long been interested in clinical trials of complementary and alternative medicine interventions for HIV/AIDS and cancer, including evaluations of medicinal marijuana.
Those of you familiar with Cannabis Culture will know Dr Abrams from well-known documentaries “The Union: The Business Behind Getting High” and the sequel, “The Culture High”. A YouTube search will yield dozens of talks, lectures and insightful pieces that demonstrate his profound knowledge and deep insight into, the Cannabis plant. Dr Abrams is one of the few clinicians who have had the opportunity to conduct extensive research into the plant with the permission of the US government. A strong proponent of whole-plant therapy, the good doctor encourages his patients to grow their own medicine. With a CV that is 30 pages long and no less than 183 peer-reviewed studies published in scientific journals to date, Dr Abrams is first prize for the job! When we first approached him to come to South Africa he indicated that he does not usually participate in legal matters but conceded that the South African Constitutional challenge warranted a deviation from the norm.
Summary of Dr Abrams’ evidence and his Report on The Health Benefits of Cannabis and Cannibanoids
Watch Dr Abrams presentation at our Clinical Cannabis Convention in 2017

Famous for being fired by the UK government for saying that taking ecstasy is safer than riding a horse, David Nutt (http://www.imperial.ac.uk/people/d.nutt) is a British psychiatrist and neuropsychopharmacologist specialising in the research of drugs that affect the brain and conditions such as addiction, anxiety and sleep.
He was, until 2009, a professor at the University of Bristol heading their Psychopharmacology Unit. Since then he has been the Edmond J. Safra chair in Neuropsychopharmacology at Imperial College, London. Professor Nutt was a member of the Committee on Safety of Medicines, and President of the European College of Neuropsychopharmacology. His book “Drugs Without the Hot Air” won the Transmission Prize for Communicating Science in 2014.
Professor Nutt is our “Scale of Harms” expert and pivotal to our argument that keeping Cannabis illegal is irrational, given that both alcohol and tobacco are legal and cause far greater harm, including death, than the use of Cannabis.
Summary of Dr Nutt’s evidence
Watch Dr Nutt’s presentation at the Clinical Cannabis Convention

Dr Simon Howell is Senior Researcher at the Centre for Criminology in the faculty of Law at the University of Cape Town. He holds a doctorate in Political Philosophy with particular focus on illegal drugs and gangs. Dr Howell has conducted research in various domains with a vast array of individuals, including teenage mothers, township youths, drug users, gangsters and police officials. He is an executive member of the Drugs Task Team in Khayalitsha and is thus perfectly placed to give evidence on the sociology of the harms of the prohibition of Cannabis, a major part of our argument.

South African Cannabis history is That is why we have asked Craig Paterson to give evidence about the history of Cannabis in Southern Africa at The Trial of the Plant.
Craig is an historian based at Rhodes University in Grahamstown where he is busy completing his PhD.
Since 2007 he has been researching the history of the Cannabis plant in Southern Africa and used some of that work as a part of his MA thesis called Prohibition and Resistance: A Socio-Political Exploration of the Changing Dynamics of Southern African Cannabis Complex, c.1850 – the present.
From extensive interviews with growers, smugglers and dealers, to digging through old government papers, Craig explains why the cannabis trade has taken the form that it has today, including why it was made illegal.
This thesis formed the backbone of the Dagga Couple’s founding affidavit when they sued the South African government in 2010.
Craig’s main work has been on Cannabis, but this is not his only area of interest. He is also slightly obsessed with the histories of khat and coffee in Africa and is also fascinated by the banana plant.
His research interests have been histories of domestic plants and animals, and histories of things that are illegal or unregulated. He also does consultancy work for various government departments, mainly around polices dealing with cultural and heritage issues.
Summary of Craig’s evidence
Watch Dr Patterson give evidence in the Pretoria High Court at The Trial of the Plant in August 2017. The cross examination of our expert by the State’s Advocate is the story of the prohibition of Cannabis in a nutshell!
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Tony is a founding partner at Hemporium, South Africa’s premier hemp company, established in 1996. Tony is a globally recognized Industrial Cannabis expert having presented multiple keynote addresses on Industrial Cannabis cultivation, processing, marketing and futures at International symposiums on Cannabis, as well as consulting to companies around the globe.
Industrial hemp is fast reclaiming its position as the premier eco-resource due its large variety of uses, and Tony’s knowledge of the entire value chain is highly valued globally.
Hemporium built Africa’s first Hemp House out of hempcrete, which is a recognized World Design Capital 2014 project, and are instrumental in launching this revolutionary new construction material in Africa. Tony has also been involved in building the world’s tallest building made mainly of hemp, in Cape Town. (link)

Tony was also involved in South Africa’s Commercial Incubation Hemp Research Trials, growing industrial cannabis under license and moving towards a legitimate hemp industry so that South Africa can take advantage of all the jobs, houses and nutrition it would create. He is passionate about raising awareness around environmental issues, and hopes to play a part in implementing the changes necessary to correct the ecological balance of our planet.
Fields of Green for ALL is proud to have our very own international expert to give evidence around the very important Industrial Cannabis platform.
Summary of Tony’s evidence
Watch Tony Budden’s presentation at the Clinical Cannabis Convention

Myrtle and Julian were immersed in the issue of “Responsible Adult Use” of Cannabis from the time of their arrest in 2010 and this remains Myrtle’s core issue in the bigger picture. This learning curve has seen issues around the other three platforms – Health, Industrial and Traditional – take precedence over what remains: Our human right to alter our consciousness without harming anyone else. This is why it is very important that, should The Trial of the Plant resume, Myrtle takes the stand to speak out about the harms of prohibition for ordinary citizens who do not have the “perfect excuse” to use this plant. We shouldn’t have to give a reason why. This plant enhances our lives and that has nothing to do with anyone else.
“The Anatomy of Prohibition” (linkThe Anatomy of Prohibition)  by Andre Croucamp sums this up, the most sensible of all arguments around the issue of Cannabis:
Watch Myrtle Clarke’s presentation at the Clinical Cannabis Convention

JULIAN STOBBS (RIP)

“ It will forevermore be unfinished business that Jules never took the stand to teach South Africa about cognitive liberty.”

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