All eyes now on hemp production regulations

THE JUDGMENT on decriminalisation of dagga use in private homes will compel the government to speed up the formulation of regulations on hemp farming, Agriculture Forestry and Fisheries spokesperson Khaye Nkwanyana said yesterday.

“The judgment, actually, is more compelling that the regulations be attended to. A parliamentary process has to be undertaken,” he said.

On Tuesday, Deputy Chief Judge Raymond Zondo ruled that sections of the Drugs Act and Medicines Act infringed on the right to privacy, and ordered Parliament to rectify constitutional defects.

The judgment came as government, through an inter-departmental team, had been tweaking the Drugs and Drug Trafficking Act as well as the Medicines Act in a bid to formulate regulations for hemp.

The Department of Agriculture, Forestry and Fisheries leads the interdepartmental team which comprises the Health Department, Justice and Constitutional Department, Trade and Industry, Environmental Affairs and police. The Agricultural Research Council and the Council for Scientific and Industrial Research form part of the team.

But it is understood that there had been lobbying among the ministries on the regulations.

“It means that all that to-ing and fro-ing has ended because there is a court order,” Nkwanyana said.

He added the departments would now receive guidance from their respective portfolio committees in terms of amending legislation.

Parliament spokesperson Moloto Mothapo said either the House or the executive would introduce a bill to rectify the constitutional defects.

“The relevant structures in Parliament will take a decision on the manner to give effect to the judgment. As required by the Constitution, the public will have an opportunity to make submissions,” Mothapo said.

Nkwanyana said the work already done by the inter-departmental team would be submitted to Parliament so it did not start from scratch.

“Of course, there will be contestation, but no more debates as they have to amend the acts,” he added.

In a written reply to the IFP’s Narend Singh’s parliamentary question, Minister of Agriculture, Forestry and Fisheries Senzeni Zokwana said much progress had been made in dealing with technical matters on production of hemp.

“DAFF and the Department of Health are developing guidelines for regulating cultivation and manufacturing of hemp and hemp products.”