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STOP THE COPS, LEGAL HELP

You Can Still be Arrested for Dagga in South Africa

Cannabis is not legal in South Africa until the South African Police Service desist, as ordered by the National Commissioner of Police on 23 August 2023, from harassing, searching, bribing, accusing and charging us with “suspicious” activities related to Cannabis. Our Cannabis community still suffers the nasty hangovers of extreme prohibition and we are often locked up in cages, humiliated, frightened and denied our Human Rights.

Most Cannabis cases are thrown out at Magistrate’s Court level with no (free) recourse to the injustices suffered. This status quo disproportionately affects the most vulnerable in our society. 

And new “Pot Shops” open up every day in South Africa. Each one equipped with a large stock of brown paper packets.

Ultimately, we will never give up until we have achieved our goal: Human Rights-focused, evidence-based regulation enabling an inclusive, equitable, and sustainable Cannabis Sector that respects and protects ALL interactions with the plant, new and old.

Fields of Green for ALL has a dedicated 24hr Victim Support Helpline (063 174 0938)

If you would like us to help you navigate your difficult situation, it is important that you write down your arrest story for us.

You don’t have to give us any info you don’t feel comfortable with but we need to know your location / geographical area.

Please submit your info via the red button below. We have also supplied links to institutions who may be of assistance.

HELP STARTS HERE

You’ve been arrested.
Not much time.

4 Tips to assist your arrest

Comply don’t resist

Give them info about yourself, address, no obligation to provide extra info about what you do. NEVER SIGN ADMISSION OF GUILT OR PAY A FINE, only sign for BAIL.

Remain silent. Sometimes the police are not very considerate when searching your premises. They may be intimidating, but just know that with the knowledge gained from our Know Your Rights booklet, you can stand your ground!

If you can, at the arrest, show the cops the following articles :

Know Your Rights! Download our FREE Ebook NOW.

Our Fields of Green for ALL team is here to assist. You are not a criminal!

With our years of experience, we offer assistance in using the Constitutional Court Judgement of 2018 in your case.

At your first court appearance you simply need to ask for postponement as we will be helping you and you need time to do your paperwork.

Our role in this is to help you use the CONSTITUTIONAL JUDGEMENT, handed down in September 2018, to assist you in having your case dismissed.

Our role in this is to help you use the CONSTITUTIONAL JUDGEMENT, handed down in September 2018, to assist you in having your case dismissed.

Know Your Rights Before Its Too Late.

FOR THE POLICE:

A person’s vehicle, home, bag and pockets are private spaces and cannot be searched without an original signed warrant shown beforehand.

According to case law, an officer cannot search someone’s person, house or car simply because they believe the person is “suspicious”. This simply will not hold up in court.

The Constitutional Court clarified the legal status of warrantless search and seizures on 27 July 2016 (Minister of Police and Others v Kunjana [2016] ZACC 21) and found that these searches infringe on the right to privacy to a degree that cannot be justified, finding sections 11.1 (a) and (g) of the Drugs and Drug Trafficking Act unconstitutional.

Dealing CANNOT be assumed. The 18 Sept 2018 Constitutional Court ‘Privacy Judgement’ said “there will be cases where it will be difficult to tell whether the possession is for personal consumption or not. In the latter scenario a police officer should not arrest the person because in such a case it would be difficult to show beyond reasonable doubt later in court that that person’s possession of Cannabis was not for personal consumption”. …so the magistrate will throw the case out.

Dealing CANNOT be proved without an undercover operative, marked notes or photographic evidence. Several bags or jars stored together (even near cash!) is NORMAL and still does NOT imply dealing and will NOT hold up in court.
YOU CANNOT ASSUME DEALING JUST BY HOW MUCH DAGGA SOMEONE POSSESSES
Quantity DOES NOT MATTER and is a useless measuring stick. BE AWARE that the law that says more than 115g of Cannabis constitutes dealing has been deemed UNCONSTITUTIONAL in S v Bhulwana; S v Gwadiso 1996 (1) SA 388 (CC).

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