Cannabis Clubs Are NOT Immune To Arrest

By |Published On: February 22nd, 2023|

Currently, South Africa has an estimated 100+ Dagga Private Clubs, or DPC’s as we like to call them. These clubs are private, as they should be, and therefore difficult to count.

A Dagga Private Club is a much safer option than dealing under the table, which is why Fields of Green for ALL has promoted this model since we first heard about it and visited clubs in Spain in 2015. 

Fields of Green for ALL is fighting alongside The Haze Club and helping them raise money for their legal fees. It is for this reason that we now invite Dagga Private Clubs to become affiliates of our Non-Profit Company. We have a secure page on our website where only our paying members will have access to information about  clubs in South Africa so we can all support each other. 

Fields of Green for ALL needs every club in South Africa to help us put an end to the threat and reality of ongoing arrests. Please see our dedicated Dagga Private Clubs page for more information.

Dagga Private Club Affiliate membership only costs R420 a month – less than a bag of weed in most places!

dagga private club

We are well into 2023 and there are no signs that our state is revising our Dagga Laws. The Cannabis for Private Purposes Bill is, in our opinion, unconstitutional and we have been of this opinion since we first read it. We have not heard anything about this dreadful piece of draft legislation since August 2022.

Constitutional instructions to parliament after the 2018 Privacy Judgment to amend laws within 2 years seems to have been ignored now for the 5th year in a row. We are still faced with a big gaping hole that should be filled with amended Cannabis Laws and Regulations for our industry. 

Looking back at history and living in a country with very little and very confusing Cannabis regulations, I see human nature at play all around me. Where there is no law, man will self regulate. With self regulation comes invention. We imitate, assume and suppose – what else must we do with no guidance? However, there is a right and a wrong way of doing things. Dagga Private Clubs are by far the best option for the Cannabis Community right now.

The privacy judgment and subsequent SAPS circulars and directives are conveniently ignored by our corrupt police and their notorious leader, the man in the hat, who has been openly criticised by the media for lack of leadership and called a fool in parliament by opposition parties. 

So where do DPCs stand in 2023? Just like in Spain, private clubs are an obvious choice for those that want to exercise their right to privacy as set down in the privacy judgment. A club is merely a group of adults that consent to enjoy Cannabis together in a private space safely. 

It is important to understand that private clubs were not recommended, nor allowed by the privacy judgment. The judgment merely stated that cannabis can be enjoyed in a private space. A private club is an extended interpretation of that right and has been denounced on several occasions by the powers that be. This is most evident in the arrest and subsequent trial of the directors of The Haze Club and the skewed and insulting perspective of the South African Cannabis Masterplan

So why do the police not arrest all the many clubs that are appearing in every town and community in our country? To unconstitutionally arrest a stoner on the street for a bankie in his pocket, or a home grower for any amount of plants is much easier and quicker for bribe and quota generation than to rock up at a physical venue or close down an organisation such as a club. For the latter they would need a warrant, a high ranking official to take on the investigation of the case and ultimately a very elongated waste of time with very or no benefit to the corrupt police who are barking up the wrong tree anyway.

However, as the Haze Club case illustrated, clubs are NOT immune to arrests, and lately, as the SAPS realised that the government is dragging its feet with regulations, they are endlessly harassing growers and we have had some insider information of late that they have been to investigate several clubs. Often they turn away due to the complexity and amount of people involved, but this does not mean that any of them cannot have a bad day and decide to pursue legal proceedings against a club. Clubs are NOT immune to arrest! The Haze Club case was dismissed in the Western Cape High Court and there is an appeal underway at the Supreme Court of Appeals. The lesson to learn here is that any club needs a good bookkeeper first and foremost.

It is very important to know that The Haze Club only defended their specific grow club model in court, and NOT DPC’s IN GENERAL. Clubs are exercising their right to privacy in a cautious manner, showing that they would like to be as responsible as possible. It is a form of principled non-compliance in a legal sphere where there is not enough to comply with. This results in why we often say “Good People Disobey Bad Laws”. What else are we supposed to do with the hard won judgement handed down in 2018? After all, it is a matter of life and death to some. Dagga puts the food on the table and sends the kids to school in many of our communities.

CLICK HERE to sign up YOUR Dagga Private Club and support Fields of Green for ALL South Africans, Africans and citizens of the world!

Thank you to our FGA Affiliates who help to make our ongoing content creation possible!

Thank you to our FGA Affiliates who help to make our ongoing content creation possible!


About the Author: Charl Henning

I have worked at Fields of Green For All and Stop The Cops since 2014. Apart from day to day admin I also man our helpline and support victims of arrest.

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