Legal parameters of cannabis usage
Many citizens feel unsure about the parameters of legal use following the Constitutional Court order. (See page 7).
According to an independent admitted attorney, the judgement ordered the decriminalisation of adult private cultivation and consumption. This indulgence was not extended to possession of dagga for commercial use or for selling dagga.
She explained how policemen figure out who is selling/cultivating commercially: “The presumption of dealing is judged according to police discretion. In other words, if a policeman comes up to you and sees that you have 200 matchboxes of dagga in a duffel bag, he may presume that you are dealing.”
The publication also consulted the Criminal Procedure Act. Section 26 allows the police to enter premises if they reasonably believe that someone on those premises has information relating to an alleged crime. The purpose of entering must be limited to interrogating that person and obtaining their statement. The same section creates an exception for private dwellings which may not be entered without the occupier’s consent. Subject to Section 26, Section 27 dictates that reasonable force may be used where legal entry to premises is obstructed. –