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New dagga law – proposed quantities allowed, definition of 'private space', etc.

11 August 2020 11:32 AM
Tags:
Parliament
Dagga
Schindlers Attorneys
Refilwe Moloto
cannabis
Dagga couple
dagga commercialisation
dagga law
Breakfast with Refilwe Moloto
thc
cannabis commercialisation
Paul-Michael Keichel

You may possess 1.2kg of dried dagga (kind of), and it’s fine to smoke in your car (kind of), says Paul-Michael Keichel.

A draft law regulating legal dagga possession in South Africa has been published ahead of its submission to Parliament.

Its publication follows a Constitutional Court ruling back in September 2018 that legalised the personal use and cultivation of dagga.

Old man holds a dagga joint. Image: 123rf.com

Related article: It’s official. Cabinet wants to let you have 1.2kg of dagga at home, if you don’t live alone – Business Insider South Africa


Trade is dagga remains illegal for now.

The draft law proposes 15 years of maximum jail time for anyone who deals in dagga or provides it to a child.

Smoking in public, right by a window or in the presence of a non-consenting adult could lead to a jail sentence of up to two years.

Smoking in the presence of a child carries a maximum jail sentence of up to four years.

The draft law covers anything that contains THC, including edibles, oils and vaping liquid.

An adult may possess unlimited amounts of seeds or seedlings, but only four flowering plants per adult (and a maximum of eight in homes with two or more adults).

You may have 600 grams of dry dagga at home (if you live alone) or 1.2 kilograms in a home with two or more adults.

You may possess 100 grams of dry dagga or one flowering plant in a public space.


Related articles:


Refilwe Moloto interviewed Paul-Michael Keichel, a partner at Schindlers Attorneys.

Schindlers Attorneys represented the “Dagga Couple” in their successful challenge to have the laws prohibiting dagga use and possession declared unconstitutional.

The Constitution creates a very libertarian society…

Paul-Michael Keichel, partner - Schindlers Attorneys

The Constitutional Court didn’t tell Parliament it has to create a cannabis industry… If we’re going to see a full-blown cannabis industry – as many people are calling for – that's a decision that remains in the hands of Parliament.

Paul-Michael Keichel, partner - Schindlers Attorneys

Any space the public doesn’t have access to as a matter of right [counts as a private space] … Your car would be a private space…

Paul-Michael Keichel, partner - Schindlers Attorneys

Driving under the influence of cannabis… would be an offence…

Paul-Michael Keichel, partner - Schindlers Attorneys

If you have a filter at the door [at a private event] – and you inform people – then that is a private space…

Paul-Michael Keichel, partner - Schindlers Attorneys

It’s not the law yet. It’s still open to challenge… If there are eight young bachelors sharing a house, why are they limited to one plant each where, if they lived alone, they could have four plants each? It appears arbitrary… If you’re a dagga user [unhappy with this bill] … involve yourself in the public participation process…

Paul-Michael Keichel, partner - Schindlers Attorneys

For more detail, listen to the interview in the audio below.


11 August 2020 11:32 AM
Tags:
Parliament
Dagga
Schindlers Attorneys
Refilwe Moloto
cannabis
Dagga couple
dagga commercialisation
dagga law
Breakfast with Refilwe Moloto
thc
cannabis commercialisation
Paul-Michael Keichel

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