Dagga Party founder Jeremy Acton says the Cannabis for Private Purposes Bill, which was tabled nearly three years ago, has a “clear intent of criminalising people”, while Cosatu has expressed concerns about recommended penalties for infringement of the amended law.
The Bill, which aims to cater for people using marijuana for medical and recreational purposes, has been met with fierce opposition in Parliament, with the Cannabis Traders Association Africa, among others, warning that privacy rights would be undermined under the proposed legislation.
The cannabis plant was decriminalised by the Constitutional Court in September 2018 and Parliament given 24 months to amend the relevant laws, reports The Citizen, and now, almost five years later, Parliament is looking at finalising the Bill.
The public was invited to provide comments on the proposed amendments to the Bill, which seeks to broaden its scope to include provisions relating to the commercialisation of hemp, the use of cannabis and its production.
Criminalising people
The Portfolio Committee on Justice & Correctional Services met on Tuesday to discuss the submissions, with Iqela Lentsango, also known as the Dagga Party, saying at the meeting that it opposed the Bill in its current form as it fell outside the mandate of the Constitutional Court judgment.
Dagga Party founder Jeremy Acton said the Bill used “criminal logic and prosecutorial methods” to regulate cannabis with a “clear intent of criminalising people”.
“It intends to severely limit people’s access to the known benefits of the cannabis plant and the consideration of trafficable quantities for which a person can be prosecuted, even if they are not trafficking,” he told the committee.
He said it was wrong for Justice Minister Ronald Lamola to be the sole authority with powers to regulate the Bill, which he described as “fascist”, and that the matter should be handled by departments, such as trade and industry as well as agriculture.
The proposed legislation, he added, would enable the “further development of a police state”, promoting “the misuse of police informants, destroy people’s rights to privacy, enable home raids to count plants to determine compliance and generally abuse the rights of people of South Africa”.
Cosaty welcomed the proposed amendments, but raised concern about some of the sections in the Bill.
Cosatu’s parliamentary co-ordinator Matthew Parks said parts of the legislation seemed to reflect “a level of contradictory positions” between different departments in government on whether cannabis and its use should be legalised.
“It seeks to legalise the use of cannabis, yet it places significant restrictions in that regard,” he said.
Among others, the penalties section was one of the areas of concern.
“The Bill has provided for reduced penalties for various offences and this is welcome. However, this contradicts the directive of the Constitutional Court … to legalise cannabis and government’s own efforts to nurture and cultivate the hemp industry.
“Reducing a penalty from six to three years is welcome, but nonetheless is still going to serve as a serious discouragement for those seeking to legally enter the industry,” he said.
Parks added that the union had concerns the Bill would not be passed in time to meet the timeframes of the Constitutional Court order, with Parliament’s constituency set to kick in from 15 June until 29 August.
‘Clear violation’
The Cannabis Traders Association Africa (CTAA) said limiting the growing of cannabis for personal use to four plants undermined the right to privacy.
“Someone wishing to cultivate more than four plants will be guilty of having committed an offence under the bill,” CTAA chairperson Tebogo Tlhopane said.
“The Bill contradicts the Constitutional Court’s ruling that guarantees the right to privacy for personal use and growing of cannabis. The fear is that the police will have the power to come to people’s homes and count plants.”
The Bill will head to the National Council of Provinces (NCOP) once the committee finishes drafting the legislation before it is sent to President Cyril Ramaphosa for approval.
See more from MedicalBrief archives:
Small players ‘not considered’ in South African cannabis Bill – Free Market Foundation
DoH: Cannabis Bill ‘a slippery slope’ because of potential harm to adolescents
Cannabis Bill flawed by privacy and equality concern