Page 109 - Q&A
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A transgression of any of these conditions will result in one having committed
a Class A, B, C or D offence, with Class D offences having the lightest sentences
and Class A attracting the harshest sentences. The sale of cannabis in any of
its forms remains prohibited, unless by authorised medical practitioners and for
medicinal use.
In order to protect minors and persons who are not cannabis smokers,
the Bill criminalises any public smoking or consumption of cannabis, any
private smoking or consumption in the immediate presence of children or
non-consenting adults, any private smoking or consumption near a window
or vent adjacent to another structure or public space which would cause
hindrance to others and any smoking or consumption in a vehicle whilst on a
public road.
Adult persons should ensure that any cannabis material, plant(s) and/or
cannabis is stored in a secured area out of the reach of children. Failure to do
so will result in one having committed an offence, unless the child is assisting
the adult person in the cultivation of the plant, which cultivation must be under
adult supervision.
Finally, the Bill also seeks to pardon those who have been convicted of crimes
related to possession or use of cannabis by proposing the expungement of their
criminal records.
With the Bill before Parliament, a lengthy public participation will probably
follow, with potentially sticky areas of the Bill still set to be hotly debated. But for
those that have expectantly been awaiting change following the Constitutional
Court judgment, the Bill shows progress towards the legislated use and
possession of cannabis. Litigation
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