Brixton Police Station would like to remind the public that they can still be arrested for particular dagga-related activities.
Spokesperson for the station, Jeanette Backhoff, stated that the selling of the drug is still a criminal offence under the law. “Members of the community must take note that the selling of cannabis without licences is a criminal offence and you are not allowed to smoke it in public areas.”
In September 2018 the Constitutional Court ruled that the personal use of dagga is not a criminal offence due to privacy rights. In the ruling, Deputy Chief Justice Raymond Zondo said, “The right to privacy is not confined to a home or private dwelling. It will not be a criminal offence for an adult person to use or be in possession of cannabis in private space.”
The ruling followed a Western Cape High Court judgement that the possession, cultivation and use of dagga for private use was allowed.
Although the court did not specify how much cannabis a person can use or have in private, they did affirm that public usage of it and dealing in it still remains illegal.
In the meantime, police will continue to arrest those found to be acting illegally. Backhoff stated that there are places in Melville where cannabis products, such as the plant itself and its oils, are being sold illegally. She warned those participating in such,
“This is a friendly warning that this is against the law to do so and that perpetrators will be prosecuted to the fullest extent of the law.”
Backhoff explained what would happen if someone is caught with the substance. “If a person is caught with dagga in their possession, the police officer will use their discretion on what action to take. If in doubt that the cannabis is for personal consumption but for selling purposes, the police officer will arrest and open a case docket, the cannabis will be weight and booked in the SAP 13.”
The docket will then be taken to the courts for the discretion by the prosecutor on whether or not to prosecute.
Related articles:
https://www.citizen.co.za/northcliff-melville-times/302452/dagga-laws-sa-oils-legal-others/
https://www.citizen.co.za/northcliff-melville-times/290427/cbd-compound-found-dagga-legal-sell-south-africa-now/
