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Legal

Legal 2016-12-05T21:15:12+00:00

Legal Overview

If you have been arrested on a Cannabis related charge and require assistance, please refer to our legal assistance project, JoinTheQueue.

Trial of the Plant legal case

The South African Drugs and Drugs Trafficking Act No.140 of 1993 lists Cannabis under “Undesirable Dependence-Producing Substances” and states that “Canabis (sic) (Dagga), the whole plant or any portion thereof, except dronabinol, is illegal.”

(The “except dronabinol” part is the subject of much debate and you can read our opinion on this issue here.)

In 2010, Julian Stobbs and Myrtle Clarke, aka The Dagga Couple, sued 7 South African Government Departments on charges of enacting unlawful laws.

For a summary of The Dagga Couple’s legal argument, please click here.

The Trial of the Plant is to be heard in the Pretoria High Court from 31 July 2017 to 25 August 2017. Various experts, both local and international, will testify under the following four platforms:

Use of Cannabis for Health

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Responsible Adult Use of Cannabis

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Use of Cannabis in Industry

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Traditional Religious & Cultural Use

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Trial of the Plant legal caseThe High Court will rule on the constitutionality of the matter. Thereafter, the case may have to go to the Supreme Court of Appeal before being heard by the highest (!) court in the land, the Constitutional Court.

A timeline of the progress of the case can be found on The Dagga Couple website All information about our JoinTheQueue programme, where we help people who have been arrested on a Cannabis charge to apply for a Stay of Prosecution pending the outcome of The Dagga Couple’s case, is available on the JoinTheQueue website.

Trial of the Plant legal case

Achieving not only the legalisation of Cannabis in South Africa, but also the realistic governance of the post legalisation market, Fields of Green for ALL is a non-profit organisation that supports and promotes constructive engagement around the development of the pending legal South African Cannabis industry. Should you wish to be part of the discussion regarding these outcomes, please visit The Green Network.