Use discretion in dagga arrests

With no clarity on legal amount for personal use, top cop urges caution

South Africa’s top policeman has urged their senior officers to use their discretion when busting people for dagga possession or dealing.

In a four-page letter to the force, national police commissioner General Khehla Sitole has noted that the September 18 constitutional court judgment legalising dagga for personal use did not specify how much a person could possess.

The letter states that officers must not arrest anyone unless there are other lawful reasons for an arrest, such as the possession of other types of drugs or weapons.

He says officers must open a criminal case docket when there is a reasonable suspicion that a person is dealing in dagga, which remained a criminal offence. He said suspected dealers had to be brought to court by means of a summons or written notice.

Sithole wrote: “The amount of cannabis that will qualify as personal consumption was not specified by the constitutional court. A member of the South African Police Service (SAPS) will have to take into account all the relevant circumstances of a particular situation to determine whether the cannabis possessed is indeed for personal consumption.”

He said the police can only arrest a person:

● After taking into account all the relevant circumstances, including the amount of cannabis found in their possession; and

● If it can be said that there is a reasonable suspicion that a person has committed an offence in terms of the relevant legislation and poses a flight risk.

“SAPS is in the process of engaging other role-players such as the department of justice and constitutional development as well as National Prosecuting Authority on this subject.

“Further directives will be issued in due course. Provinces are hereby instructed not to issue any directives relating to this matter pending finalisation of discussions with other roleplayers.”