A Mail & Guardian report quotes a legal expert on cannabis matters saying that the"completely arbitrary" possession limits in the new Cannabis for Private Purposes Bill are likely to be challenged should the legislation be passed by Parliament in its present form.
Anyone found with more than 1kg of dried cannabis or nine flowering plants could be jailed for up to 15 years. These are just some of the “arbitrary” limits on personal cannabis possession and cultivation imposed in the new Cannabis for Private Purposes Bill. A Mail & Guardian report says such limits are likely to be challenged should the legislation be passed by Parliament in its present form. The Bill caps private, personal home possession of cannabis at 600g a person, or 1.2kg of dried cannabis per household. Trading in the plant carries a potential jail term of 15 years.
The Bill will be tabled in Parliament during the next session and was drafted in response to a Constitutional Court judgment that upheld the right to personal, private possession and cultivation of cannabis. The court had given the Justice Department until September to draft legislation determining limits for possession and cultivation of cannabis.
Andrew Lawrie, an attorney with Schindlers, a legal firm specialising in cannabis matters, said that although the Bill did technically meet the stipulations imposed by the court, it was “very disappointing” because parts of it “make no sense whatsoever.” Lawrie said the Bill prescribed ‘completely arbitrary’ limits to the amounts of cannabis, plants and seed a person could possess and continued to outlaw the sale of cannabis seed.
“The Bill is saying that people can grow cannabis but can’t buy seeds. How then are they supposed to grow it?” he asked. “The Bill is unhinged from the reality of the cannabis space, but in the most technical sense, it does meet its mandate from the court,” Lawrie said.
It is estimated that the underground cannabis economy has the potential to add about R100bn a year to the economy once regulated and formalised.
[link url="https://mg.co.za/news/2020-08-14-cannabis-bill-carries-harsh-penalties/"]Full Mail & Guardian report[/link]