Page 108 - Q&A

What’s the latest on using Cannabis?

September 2020
“It has been nearly two years since all the hype in the media about the use
of cannabis. Yet nothing has changed and it seems like the status quo is still
ongoing. Am I wrong in my view on this?”

You are correct in that it has been two years since the Constitutional Court
handed down its landmark judgement finding that certain sections of the
Drugs and Drug Trafficking Act as well as the Medicines and Related Substances
Control Act were unconstitutional on the basis that they denied adult persons
the right to possess, use or cultivate cannabis in a private place for that person’s
own personal consumption in private. Although the Court made it permissible
for adult persons to possess, use or cultivate cannabis in a private place for that
person’s own personal consumption in private, the legislation surrounding the
regulation of cannabis still had to be developed by the legislature.
Now finally, Government has brought the Cannabis for Private Purposes Bill
before Parliament. The Bill confirms the right of adult persons to possess,
cultivate, smoke and consume cannabis in a private place and for personal
consumption and seeks to regulate the possession of cannabis (in all its forms)
by prescribing quantities that individuals are allowed to possess.

The Bill proposes to do so as follows:
• An adult person may possess an unlimited amount of cannabis seeds
and seedlings.
• If you live or occupy a dwelling alone, you are permitted to cultivate four
cannabis plants or equivalent per adult person and/or have 600 grams of
dried cannabis per person in the dwelling used for residential purposes.
• Should the dwelling be occupied by more than two adult persons then
they are permitted to cultivate eight cannabis plants or equivalent per
dwelling and/or have 1200 grams of dried cannabis per dwelling.
Litigation • An adult person may have in their private possession 100 grams of dried

cannabis in a public space.
• An adult person may carry on cannabis plant when in a public space.
• Adult persons may provide each other with, and for personal use,
30 cannabis seeds and/or one cannabis plant and/or 100 grams of
cannabis. This is subject to the fact that no form of compensation, gift,
reward, benefit or favour should be exchanged.

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