Cape Town, SA. Josh Swart May 31, 2019
Out of a puff of smoke the Bill popped up in our CIDCWC (Cannabis Industry Development Co-Operative WC) Founding Telegram group. REGULATION OF CANNABIS BILL is here! What does it say? How much bud can I actually grow? Can I sell? SO MANY QUESTIONS!?
Before we jump into this – we must note that we are very early in the legislative process – so if there is something we really don’t like – or the Bill does not cover certain crucial elements, we still have time to speak up!
I’ll cut to the chase and then we can unpack the Bill. You can possess up to 1000 grams (or 1kg) of dried cannabis or dried cannabis equivalent when you are at home (in a private space). In public you will be able to carry up to 80 grams of bud on you for personal use. If you exceed this (but have less than trafficable amount) you could see up to two years behind bars and/or a fine.
In terms of growing: You will be able to cultivate at your private space up to 50 seeds, 30 seedlings, 16 immature plants and 8 flowering plants. More than this could earn you 12 months and/or a fine. What is very sad to note is Section 9(2) gets you 2 years and/or a fine if any minors are involved in any stage of the cannabis growing (don’t worry we will challenge this with any ANC Family Value’s policy).
What about smoking?
Section 8(1)(a) classes consumption of cannabis in public as a class D offence which is 2 years and/or a fine. Oh and if you have a complaining aunty, don’t smoke in private around her either – 8(1)(b) is for the non-consenting adult in private. Other than Aunty Gladis – you can light up at home gerus.
So this bill has gone a UK Law of Torts route in listing out the various types of offences namely; cultivation offences, possession offences, consumption offences, offences involving minors and juristic persons (companies can’t deal on this Bill).
There is an offence worth zooming into here and that is Section 7 – Offences regarding providing or obtaining. This section enables us to trade (with or without the exchange of remuneration) in pre-final-stage cannabis. Wait, what? You can buy and sell the cannabis plant before it has been harvested and cured. Cue in-house nurseries to pop-up left right and centre – yay! This allows for us to sell flowering plants – pretty dope! Just make sure it is not more than 25 seeds; 10 seedlings; 7 immature plants; 3 flowering plants or cannabis plant equivalent.
What about selling bud? Section 7(5) stipulates –
“An adult person who provides to or obtains from an adult person for the exchange of remuneration, a quantity that exceeds the prescribed quantity contemplated in section 2(3) [40grams dried cannabis],…, is guilty of a class B offence [6 years and/or a fine].
I do not want to jump the gun but my interpretation is we can buy/sell up to 40 grams dried cannabis per person – as long as it is a private exchange. BUT this is just my interpretation – and this is still the BILL not the ACT – so don’t become an overnight small scale dealer on my accord.
There will be plenty more to say about this bill, what about the preamble, what about medicine, what about minors, what about company’s that want to trade..? All these spaces will be crystallised over the legislative procedure that we, the CIDCWC will be a part of.
Please comment below – we would love to hear what you have to say about the new Regulation of Cannabis Bill.
Much Love from Joshua Swart