What now for the cannabiz?
The lives of thousands of people facing prosecution for possession of dagga are in limbo as police and prosecutors contemplate the Constitutional Court’s ruling on Tuesday that the personal use of cannabis in private spaces is legal.
Buying or selling dagga remains illegal.
Asked if the prosecution of current cases would be stopped following the ruling, National Prosecuting Authority spokesperson Luvuyo Mfaku said each case would be dealt with on its merits.
“We are developing policy guidelines to be followed by prosecutors in dealing with these matters. The current position is, and has been, that the facts of the case should determine whether the possession was for private use. Factors such as the manner of packaging, the possession of cash, and the quantity will need to be taken into account.”
Police spokesperson Brig Vish Naidoo said: “We are still studying the ruling and therefore will not be able to comment just yet.”
Just two weeks ago, attorney Schalk van der Merwe obtained a stay of prosecution in the North Gauteng High Court for his 10 clients, who were arrested in a 2014 police raid which netted dagga worth R150m.
The family have been accused of running possibly the country’s largest dagga operation — less than 10km from a police station and using a postal services company to distribute their wares.
Van der Merwe secured the stay of prosecution when he asked the court to halt criminal proceedings against the group until the finalisation of a Constitutional Court matter and a separate high court matter over the lawfulness of dagga.
He told the Sunday Times this week’s ruling was “brilliant” and what they had hoped for.
“It is, however, limited in that it does not extend to dealing in cannabis. This might bring about further challenges. These challenges could be around situations about how one obtains dagga.
“It is now legal to use and grow dagga for your own private use in your own private space, but what happens if you do not have the means or time to cultivate it? Is one then allowed to obtain it from someone else?
“I think we can expect challenges in this regard.”