UPDATE: Don’t jump the ganja just yet
The possession and use of marijuana is currently still illegal
THE possession and use of marijuana is currently still illegal. This is according to the Manager of the KZN branch of the South African National Council on Alcoholism and Drug Dependence (SANCA), Walter Petersen.
He spoke to the ZO in response to the landmark ruling made by the Western Cape High Court on Friday. The court declared that it is an infringement of rights to ban the use of dagga by adults in private homes and ruled that the order will have to be referred to the Constitutional Court so it can be studied before being submitted to Parliament.
Thereafter Parliament must change sections of the Drug Trafficking Act, as well as the Medicines Control Act. It has 24 months to do so.
Constitutional Court
‘Basically, the way we understand it, the High Court made it clear that the ruling will need to go to the Constitutional Court as the ruling affects the Drug Trafficking Act and the Medicines Control Act,’ Peterson said.
‘People shouldn’t jump the gun. Until these Acts have been amended, marijuana still remains illegal.’
Highly driven
The successful application to decriminalise dagga was driven by Dagga Party leader Jeremy Acton and Rastafarian Garreth Prince, who argued the case on 13 and 14 December.
Together with 18 other plaintiffs they applied to the court for the Criminal Prohibition of Dagga Act (sections 4b and 5c), read with certain sections of Part III of Schedule 2 of the Drugs and Drug Trafficking Act, to be declared unconstitutional.
Those sections make it a crime to possess a drug, unless it is for a variety of medical reasons. They also challenged the Medicines and Related Substances Act. They submitted that the laws prohibiting dagga use are unfair, discriminatory, outdated and applied disproportionately to black users.
Meanwhile SANCA KZN pleaded with those involved to research the implications first. ‘Research it properly. At the moment we need to study what the exact implications would be if we were to legalise the substance for recreational use.
‘There might be a day where processes can show that certain extracts of cannabis can benefit our community, but currently there are too many points of concern to even consider it for medicinal use.
‘There is still quite a bit to be done before we can make these moves,’ said Petersen. According to a report drawn up by the Drug Policy Alliance, marijuana has had little impact on public health in American states such as Colorado, Washington, Alaska, Oregon and Washington DC where it has been legalised.
Key findings
The report’s key findings include:
• Marijuana arrests have plummeted in these states, although disproportionate enforcement of marijuana crimes against black people continues.
• Statewide surveys found there were no significant increases in youth marijuana use post-legalisation.
• Tax revenues in Colorado, Washington and Oregon have all exceeded initial revenue estimates, totalling $552-million.
• Legalisation has not led to more dangerous road conditions, as traffic fatality rates have remained stable.
In the most recent fiscal years, recreational marijuana brought in $129-million in taxes in Colorado and $220-million in Washington.
However Petersen noted that it isn’t about tax revenues. ‘Are you going to compromise the health of your country to benefit from marijuana tax revenue?
‘What is constituted as a private home? How do we safeguard our kids from dagga if it’s legalised at private homes and used by adults in their presence?
‘The Constitutional Court will need to address such questions and find applicable solutions,’ he said.
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