Dismay over contradictions about legality in cannabis bill

“CONSTITUTIONAL defects” in the Cannabis for Private Purposes Bill have still not been rectifed, 44 months after the government cleared the way for this be done.

The Southern Africa Agricultural Initiative (Saai), an organisation that protects the rights and interests of family farmers, said the delay undermined the rule of law and encouraged users to smoke more.

Saai said it promoted a legalised, regulated cannabis industry that boosted economic growth while curbing harm.

In September 2018, the Constitutional Court made room for Parliament to rectify “constitutional defects” in 24 months, but that still had not been done.

The bill criminalises practically all commercial activities while “authorising” general “commercial activities” related to cannabis. This contradiction creates confusion that undermines the rule of law, said the organisation’s CEO, Francois Rossouw.

While recreational use, consumption, and cultivation of cannabis by adults in private have been legalised under the right to privacy, practically all private cannabis trade is prohibited by the cannabis bill. The organisation said this was irrational. “If the public is allowed to eat pork, the farmer must be allowed to sell bacon,” said Rossouw.

He said the bill as it stands encouraged the abuse of cannabis regularly in high quantities rather than permitting simple purchases.

The Constitutional Court highlighted medical evidence that showed it was safe for adults to smoke “one joint of dagga” occasionally but dangerous to do so heavily and regularly.

Someone who would like to smoke “one joint of dagga” a month must grow an entire plant that could produce 500 “joints of dagga” every harvest. This was as irrational as the law would be to allow alcohol consumption, but only if individuals brew their own “mampoer” in 100-litre barrels, the organisation said.

The organisation said the contradictory regulations must be understood in the context of South Africans’ twin troubles – unemployment and corruption. “The more contradictory the law, the more discretionary powers are given to officials; the more slow-footed the progression to simple legislation, the more opportunity there is for government employees to extort businesses for licences and for businesses to circumvent the acquisition of licences,” said Rossouw.

According to the organisation, to avoid this, the bill must be amended to allow legal trade without delay.

“Officials should be kept at arm’s length, and laboratories should be independently used by growers to test products against toxicity.”

It also reasoned that a major benefit of straightforward legislation is that resources wasted on policing adults who buy “one joint of dagga” can be diverted to stopping cannabis from getting into the hands of minors and other serious crimes.

“With more than 12 million jobless adults, the South African unemployment line could stretch from Cape Town to Cairo. Unemployment is especially problematic in rural areas. The government’s promise of 130 000 legitimate jobs in the local cannabis industry is probably overestimated.

“If the bill is amended as we suggest, tens of thousands of jobs can realistically develop, especially at the family-business level and among traditional growers. Job growth must be a priority,” said Rossouw.

He said cannabis, like tobacco and alcohol, is not for everyone. But once consumption has been decriminalised, the next step has to be making the market work. The law must allow farmers to combine soil, seed, sunshine and labour into a product some adults enjoy privately and responsibly.