Fields of Green for ALL and our constituency rejects the proposed Cannabis For Private Purposes Bill outright, as it is based on the perceived harms of Cannabis, the plant itself and the trade therein. This Bill is not based on evidence. In South Africa these “harms” have never been debated with scientific evidence and testimony from relevant experts, nor has any evidence for the supposed harms of Cannabis been presented before a court of law.

The harms of the prohibition of Cannabis far outweigh the perceived harms of the plant and the trade therein. This Bill constitutes the continued prohibition of Cannabis by giving the police undue power and, by doing so, guarantees that the stigma surrounding Cannabis and the uninformed actions of the police will prevail. This Bill does not constitute the “decriminalisation” of Cannabis in South Africa.

It is also important to note that there is a long list of stays of prosecution that have been granted to defendants in Cannabis cases, based on every citizen being equal under law in our Constitutional democracy.

Fields of Green for ALL has been at the frontlines with more than 100 stays of prosecution, as well as hundreds of documented cases where human rights were abused at the hands of police.

The harms of the prohibition of Cannabis far outweigh the perceived harms of the plant and the trade therein. This Bill constitutes the continued prohibition of Cannabis by giving the police undue power and, by doing so, guarantees that Fields of Green for ALL would like to think that, particularly given the current Covid-19 pandemic, our government would be putting the needs of the most disadvantaged in our society first.

Unfortunately, this Bill excludes the “poorest of the poor” – people who live in informal settlements and many in our nation’s townships and urban areas do not have private spaces where they can grow Cannabis safely and securely. On a positive note, though, the Cannabis Bill does make provision for the automatic expungement of all criminal records for convictions for possession of Cannabis in terms of section 4(b) of the Drugs Act. However, we know from our record of dealing with Cannabis arrests, that there are thousands of wrongful arrests for “dealing” and there does not appear to be any recourse for these victims of prohibition.

This commercial pillar is without a doubt the most important part of the future legal market, in terms of employment, economic growth, investment opportunities, social development and international recognition for South Africa. To make sure that the opportunities of this market are open to all, regulations need to take into consideration the 6 Foundational Principles stated before. Therefore, the legal market must have two doors of entry: One for regular companies and business investors, and another specific modality of access for current participants in the unregulated Cannabis Industry, with specific attention to be given to the informal sector: the so-called “Kasinomics”. However, if a specific fit-for-purpose subset of less stringent rules must be established for Kasinomics, it is also important to shape a model that allows current farmers in the informal sector to scale up their capacities. According to Wandile Sihlobo, this will “encourage the integration of new entrants into the commercial sector, rather than perpetuate and entrench the duality that currently exists in South African agriculture.”6

You can still be arrested for Cannabis in South Africa. Even for small amounts for your personal use in your private spaces. Even for personal cultivation in your private space. It will take a very long time for the police to stop harassing us, profiling us and locking us up in cages. However, there have been many cases, since the judgement, where the police or magistrate has dismissed the case because it is clear that the accused knows his/her rights. Download Version 11 now of our Know Your Rights Document here.