Cannabis in South Africa

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Garden escape seedling, Somerset West, South Africa

Cannabis in South Africa is illegal for recreational or medical use. Some advocates have pressured the government to modify its laws, which first restricted cannabis in 1922, to allow exemptions for medical use, religious practices, and other purposes. The regional term dagga[needs IPA] is commonly used for cannabis; it derives from the Khoikhoi word dacha, which was used by the early European colonial settlers in the Western Cape.[1]

Cannabis is thought to have been introduced to Africa by early Arab or Indian Hindu travelers, which Bantu settlers subsequently introduced to southern Africa when they migrated southward.[1] It was already in popular use in South Africa by the indigenous[2] Khoisan and Bantu peoples prior to European settlement in the Cape in 1652, and was traditionally used by Basotho to ease childbirth.[3] According to author Hazel Crampton, old Afrikaner recipes for teas and foods exist which make use of the plant.[4] Use of the plant was associated with traditional African populations and a lower economic status.[1][5]

Longitudinal research studies by the Medical Research Council (MRC) report that the number of cannabis users in South Africa was 2.2 million in 2004, and 3.2 million in 2008.[6] In 2003, Interpol rated South Africa as the fourth-largest cannabis producer in the world, and the Institute for Security Studies reported that most cannabis seized in the UK and a third globally had South African origins.[7]

Prohibition

The first written record of the plant in South Africa is by Jan van Riebeeck, who ordered officers of the Voorman to purchase "daccha" in Natal for trade with the Khoikhoi. The Dutch East India Company attempted to establish a monopoly on its sale, and to that end prohibited cultivation of the plant by Cape settlers from 1680. However, the ready availability of cannabis in the wild and through trade with indigenous peoples meant that there was little profit to be made. Consequently, the prohibition was lifted in 1700.[8]

Provincial laws

Beginning in 1860, the Natal Colony began to import Indian workers (called "coolies" at the time) to supplement their labour force. These Indians brought with them the habit of consuming cannabis and hashish, which blended with local, extant African traditions. The European authorities were concerned by this practice, believing it sapped the vitality of their workers;[9] consequently, in 1870, Natal's Coolie Law Consolidation prohibited "the smoking, use, or possession by and the sale, barter, or gift to, any Coolies whatsoever, of any portion of the hemp plant (Cannabis sativa)..."[5]

Both the Cape and Transvaal colonies restricted the growth of the plant, which they considered a "noxious weed";[10] in 1891, the Cape Colony prohibited cannabis under Act 34, and the Free State outlawed dealing in cannabis in 1903.[11] In 1908, Natal began to regulate the sale of cannabis.[8]

In the Transvaal, dagga was sold "openly and normally" by storekeepers to miners.[10]

Although white farmers did cultivate cannabis in the 18th century and early 19th century, consumption by the farmers themselves was rare. However, even cultivation fell out of favour later in the 19th century.[8] In 1921, "serious signs of a moral panic focusing around dagga" appeared, centred on the Western Cape. A concern developed about the "'camaraderie' which led some to lay aside race and other prejudices with regard to fellow" drug users.[2]

National laws

In 1922, regulations were issued under an amended Customs and Excises Duty Act which criminalised the possession and use of "habit forming drugs", including dagga. Under regulation 14, the cultivation, possession, sale, and use of the plant were prohibited. The burden of proof for any defence against a charge lay with the accused; legal scholar Professor Chanock contrasted this with laws regulating alcohol at the time, which laws placed the burden of proof on the accuser; he reasoned that the cannabis regulations were applied differently because they were intended to target black people.[10]

Following the Fifth Session of the League of Nations Advisory Committee on Traffic in Opium and Other Dangerous Drugs, it was at South Africa's wish, expressed by Secretary to the Prime Minister J. C. Van Tyen in 1923,[12] that dagga was included in a list of prohibited narcotics, which list had hitherto been almost entirely concerned with opium and its derivatives.[10] Cannabis was subsequently outlawed internationally in 1925.[8]

Cannabis was wholly criminalised in South Africa in 1928 under the Medical, Dental, and Pharmacy Act, for political and moral reasons.[2][13]

In 1937, the government of South Africa introduced the Weeds Act, which made the occupant or owner of a property accountable for preventing the growth of cannabis, or any other plant classified as a "weed", on the property.[8]

Concern about the extent of dagga use in South Africa continued to grow, resulting eventually in the enactment, in 1971, of the Abuse of Dependence-producing Substances and Rehabilitation Centres Act.[11]

Under the Drugs and Drug Trafficking Act of 1992, people found in possession of more than 115 grams of dagga were presumed to be guilty of dealing. However, following the adoption of the interim constitution of South Africa, courts found that this unjustifiably infringed the constitutionally enshrined presumption of innocence, and consequently invalidated those parts of the Act.[14]

Partial decriminalisation

On 31 March 2017, in a case brought by Gareth Prince, Jeremy Acton, and Jonathan Ruben before the Western Cape High Court, presiding Judge Dennis Davis ruled that any law disallowing the use and cultivation of cannabis by an adult in a private dwelling was unconstitutional and therefore invalid, on the grounds that such infringement of the constitutional right to privacy could not be justified.[15]

This decision must still be confirmed by the Constitutional Court before taking effect, and will then be suspended for 24 months in order to allow Parliament to enact legislation in accordance with the ruling, failing which the invalidity automatically takes effect.[16] The court also ruled that, in the interim, prosecutions related to the transgression of the laws in question should be stayed. The judge further ordered that “it will be deemed to be a defence that the use, possession, purchase or cultivation of cannabis in a private dwelling is for the personal consumption of the adult accused”.[17][18]

The limited decriminalisation of cannabis will affect sections of the Drugs and Drug Trafficking Act, the Drugs Act, and the Medicines and Related Substances Act.[17]

Response

Although the Central Drug Authority (CDA) endorses of decriminalisation, chairperson David Bayever nevertheless recommended that the Department of Social Development appeal the ruling. He cited concerns about the possibility of an increase in road accidents, and the difficulty in limiting children's exposure to the drug.[19][20]

Cultivation

Cannabis grows well in South Africa's climate,[21] especially in the "dagga belt", an area including the Eastern Cape and KwaZulu-Natal provinces[8] where, per the 2011 International Narcotics Control Strategy Report, it is a traditional crop. According to GroundUp, cannabis is "an important cash crop" that "sustains entire communities in the rural Eastern Cape", which otherwise survive in a subsistence economy.[22][23]

Rural farmers are typically poor and produce low quality local product that is consumed domestically by the lower class, while middle class growers produce product for the rest of the national and international marijuana market.[23] Most of the national product is consumed domestically or regionally, but increasing amounts are seized in Europe.[24]

In 1996, the Department of Land and Agriculture, the Tobacco and Cotton Research Institute, and the Southern African Hemp Company conducted agricultural research on the viability of farming non-psychoactive hemp strains of the plant in the North West province.[21]

Eradication programs

The state has conducted cannabis eradication programs since the 1950s. Police initially uprooted dagga plantations and burned the crops but in 1980 switched to using herbicides, which they would dispense with hand-held pumps. By the end of the 1980s, helicopters replaced ground patrols, and helicopter patrols would release herbicides aerially to destroy entire crops in minutes.[22]

In 1990, a coalition of civil society organisations successfully lobbied government in the former Natal province to ban the herbicide paraquat from use in aerial eradication programmes. The South African Police Service (SAPS) now uses a herbicide formulation which includes glyphosate, and maintains that it is safe, posing "no threat to human, animal, or environmental health". However, a new coalition of the non-profit organisations Fields of Green For All, Transkei Animal Welfare Initiative, and the Amapondo Children’s Project launched legal proceedings in 2016 to stop the SAPS from performing aerial eradications.[22][23]

Advocacy

Against the backdrop of Cape Town's Lion's Head and Signal Hill landmarks, pro-legalisation activists at the 2017 Cannabis Walk hold up a placard.
Pro-legalisation activists at the 2017 Cannabis Walk in Cape Town

In 2014, a report by the Anti-Drug Alliance of South Africa argued that the criminalisation of cannabis had "created victims rather than solutions", and recommended legalisation.[3]

Cape Town marches

Since 2000, as part of the Global Marijuana March initiative, Cape Town has hosted an annual pro-legalisation Cannabis Walk on the first Saturday of May.[25]

About 400 people took part in 2012,[26] a crowd of 500 in 2013,[27] and "a few hundred" people marched in 2015.[28] The participants increased to 3,000 in 2016,[29] and to 6,000 in 2017.[30]

Dagga Couple

Main article: Dagga Couple

Julian Stobbs and Myrtle Clarke are known as the "Dagga Couple" in South African media.[31] In August 2010, their property was raided and they were arrested on charges of possessing and dealing in dagga. In February 2011, they argued before a magistrate's court that they had a "human right to ingest anything" they chose, provided that it did not harm them, and applied for leave to make their case before the Constitutional Court.[32][33] Their case was struck from the court roll, pending the result of their constitutional challenge of the legality of cannabis prohibition.[34][35]

Politics

The Police and Prisons Civil Rights Union have since 2009 recommended that dagga be legalised. They argue this would free up the police for other work, and would allow the South African government to benefit from cannabis by taxing sales of it.[3][36][37]

The Dagga Party (Iqela Lentsango) is registered with the Independent Electoral Commission (IEC) in the Western Cape. It was founded in February, 2009 by Jeremy Acton, who remains the party's leader.[38]

In February 2014, the Inkatha Freedom Party's Dr Mario Oriani-Ambrosini introduced the Medical Innovations Bill, which would legalise cannabis for medical treatment and industrial use. Under the proposed bill, with the patient's informed consent, doctors can administer unproven but harmless cancer treatments such as cannabis if other treatments are not efficacious; informed consent will shield doctors from common law liability and the requirements of their medical profession in such circumstances. Dr Oriani-Ombrosini was diagnosed with lung cancer, and had been on cannabinoid treatment in the last months leading to his death.[39][40][41]

Governmental authorities

Central Drug Authority

The official position of the CDA is that dagga should be decriminalised, reasoning that criminalisation has been shown to have little effect on the prevalence of drug use, and that decriminalisation could improve public health.[42] However, the CDA does not currently support commercialisation of the plant.[43]

In 2015, the Department of Social Development commissioned the CDA to conduct research into the feasibility of partially legalising dagga. That research is yet to be completed.[19]

Medicines Control Council

The South African regulatory body for drugs, the Medicines Control Council, classifies dagga as a Schedule 7 substance, which means that it has no medicinal value and "is illegal to cultivate, analyse, possess, research, use, sell or supply without authorisation from the Department of Health."[44][45] In 2016, it published regulations providing for the use of dagga for medical reasons, and expressed a desire to reclassify "cannabinoid medication" as a Schedule 6 substance, which would make it available for medicinal use.[17][46] However, the Dagga Couple point out that partial decriminalisation in 2017 has reduced the significance of the proposed change in scheduling, and have called for a more drastic reclassification of the drug.[31]

Medicine Research Council

In January 2016, following a systematic review of scientific studies on cannabis, the Medicine Research Council concluded that there was evidence that cannabinoids could be used to treat chronic pain and spasticity in multiple sclerosis.[43]

References

  1. ^ a b c Watt, John Mitchell (1961-01-01). "UNODC - Bulletin on Narcotics - 1961 Issue 3 - 002". United Nations Office on Drugs and Crime. Retrieved 2017-05-02. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  2. ^ a b c de Vos, Pierre (2017-05-04). "Dagga judgment: there are less drastic ways to deal with its harmful effects". Constitutionally Speaking. Retrieved 2017-05-05. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  3. ^ a b c Kings, Sipho (2014-02-28). "The war on dagga sobers up". The M&G Online. Retrieved 2017-05-02. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  4. ^ King, Caroline (2011-05-10). "Cannabis: SA's hidden history". Grocott's Mail. Retrieved 2017-05-02. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  5. ^ a b Brian M. Du Toit (1991). Cannabis, alcohol, and the South African student: adolescent drug use, 1974-1985. Ohio University Center for International Studies. ISBN 978-0-89680-166-0.
  6. ^ "Snap-shot Survey Report on Substance Abuse in the Nine Provinces in South Africa" (PDF). Health Systems Trust. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  7. ^ Thompson, Tony; correspondent, crime (2003-11-01). "'Dagga' brings riches to new drug barons". The Guardian. ISSN 0261-3077. Retrieved 2017-05-02.
  8. ^ a b c d e f Paterson, Craig (2009). Prohibition & Resistance: A Socio-Political Exploration of the Changing Dynamics of the Southern African Cannabis Trade, c. 1850 – the present (PDF). South Africa: Rhodes University.
  9. ^ "The Weed Edition" News24 23/04/2017.
  10. ^ a b c d Chanock, Martin (2001). The Making of South African Legal Culture 1902-1936: Fear, Favour and Prejudice. Cambridge University Press. pp. 92–94. ISBN 9780521791564.
  11. ^ a b Burchell, Jonathan M. (2013). Principles of Criminal Law. South Africa: Juta and Company Ltd. p. 798. ISBN 9781485100805.
  12. ^ James H. Mills (11 September 2003). Cannabis Britannica: Empire, Trade, and Prohibition 1800-1928. OUP Oxford. pp. 160–1. ISBN 978-0-19-155465-0.
  13. ^ Vera Rubin (1 January 1975). Cannabis and Culture. Walter de Gruyter. pp. 107–. ISBN 978-3-11-081206-0.
  14. ^ Burchell, Jonathan M. (2013). Principles of Criminal Law. Juta and Company Ltd. p. 20. ISBN 9781485100805.
  15. ^ Evans, Jenni (2017-03-31). "How the Western Cape High Court dagga judgment applies to you". News24. Retrieved 2017-04-27. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  16. ^ "The Weed Edition" News24 23/04/2017.
  17. ^ a b c Abdool Karim, Safura (2017-04-02). "Understanding Judge Davis's dope judgment". Ground Up. Retrieved 2017-05-02. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  18. ^ Wolhuter, Bernadette (2017-04-03). "Dagga use can still land you in jail". IOL. Retrieved 2017-05-02. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  19. ^ a b Whittles, Govan (2017-04-06). "Drug authority: SA doesn't have the necessary discipline to allow dagga judgment". The M&G Online. Retrieved 2017-05-03. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  20. ^ Robertson, Andrew (2017-04-09). "Dagga ruling leaves authorities in a haze". Weekend Argus. Retrieved 2017-05-03. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  21. ^ a b "South Africa's first legal dagga farm". The M&G Online. 1996-06-26. Retrieved 2017-05-02. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  22. ^ a b c de Greef, Kimon (2016-04-07). "Cash crops poisoned in Pondoland". GroundUp. Retrieved 2017-05-05. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  23. ^ a b c de Greef, Kimon (2016-04-20). "Battle to stop dagga spraying". GroundUp. Retrieved 2017-05-05. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  24. ^ William R. Brownfield (1 May 2011). International Narcotics Control Strategy Report: Volume I: Drug and Chemical Control. DIANE Publishing. p. 557. ISBN 978-1-4379-8272-5.
  25. ^ Williams, Denise (2017-05-06). "Huffing and puffing for dagga". The Citizen. Retrieved 2017-05-06. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  26. ^ de Villiers, Henk (2012-05-07). "Global Marijuana March Takes Place In Cape Town Over Weekend [PICS & VIDEO]". 2OceansVibe. Retrieved 2017-05-02. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  27. ^ Macleod, Roderick (2013-05-04). "Gallery: Cape weed rally almost goes up in smoke". eNCA. Retrieved 2017-05-02. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  28. ^ "Legalise pot, demand protestors". GroundUp. 2015-05-09. Retrieved 2017-05-05. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  29. ^ "Thousands take part in pro-cannabis protests in South Africa". Africanews. 2016-05-08. Retrieved 2016-11-23.
  30. ^ "Rastas march for the full legalisation of dagga", SABC Digital News, 2017-05-06
  31. ^ a b Real Talk With Anele, Season 3, Episode 13 Decriminalisation of Marijuana
  32. ^ Vicente, Ansie (2014-07-04). "'For our love of dagga we go to court'". The M&G Online. Retrieved 2017-05-02. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  33. ^ Nina Oosthuizen (2016-09-02). "SABC News - The Trial of the Plant: Should SA legalise marijuana?:Friday 2 September 2016". Sabc.co.za. Retrieved 2016-11-10.
  34. ^ Wolmarans, Ernest (2014-04-21). "D-Day to legalise dagga in SA". The Citizen. Retrieved 2017-05-03. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  35. ^ "Dagga activists to hold '4.20' celebration". Independent Online. 2014-04-19. Retrieved 2017-05-03. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  36. ^ Scott, John (2009-09-23). "Don't blame Popcru for proposing that we go to pot legally". Press Reader. Cape Times. Retrieved 2017-05-02. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  37. ^ Saulse, Kim (2009-09-23). "IFP criticises Popcru's efforts to legalise dagga". Bush Radio. Retrieved 2017-05-02. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  38. ^ Glynnis Underhill (10 May 2013). "Dagga Party: Eight joints a day for Cape politician". Mail & Guardian. Retrieved 13 September 2013.
  39. ^ Williams, Denise (2017-04-01). "Cannabis can now be grown, smoked at home, court rules". The Citizen. Retrieved 2017-04-27. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  40. ^ Makinana, Andisiwe (2017-08-16). "IFP MP Mario Oriani-Ambrosini dies". Mail and Guardian. Retrieved 2017-01-15. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  41. ^ Davies, Richard (2014-02-20). "IFP MP Oriani-Ambrosini tables medical marijuana Bill". The Mail & Guardian. Retrieved 2017-01-15. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  42. ^ "Decriminalise dagga, says Central Drug Authority in 'bold step'". 702. Retrieved 2017-05-03.
  43. ^ a b Cronje, Jan (2016-09-10). "Decriminalising dagga 'a good idea'". Independent Online. Retrieved 2017-05-03. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  44. ^ Jordaan, Nomahlubi (2016-12-05). "SA's weed oil salesmen get ahead of themselves". Times LIVE. Retrieved 2017-05-02. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  45. ^ Simon, Dippenaar. "Medical Marijuana South Africa - A Licensed Affair". SD Law. SD Law. Retrieved 7 July 2017.
  46. ^ Stobbs, Julian (2016-11-25). "Legalisation of dagga opens a crack in the wall". News24. Retrieved 2017-05-03. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
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