Before we jump into this – we must note that we are\u00a0very early<\/strong>\u00a0in 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\u00a0possess up to\u00a01000 grams\u00a0<\/strong>(or 1kg) of\u00a0dried cannabis\u00a0<\/strong>or dried cannabis equivalent when you are\u00a0at home\u00a0<\/strong>(in a private space). In\u00a0public<\/strong>\u00a0you will be able to carry up to\u00a080 grams<\/strong>\u00a0of bud on you for\u00a0personal use<\/strong>. If you exceed this (but have less than trafficable amount) you could see up to\u00a0two years<\/strong>\u00a0behind bars and\/or a fine.
In terms of\u00a0growing:\u00a0<\/strong>You will be able to cultivate at your\u00a0private space<\/strong>\u00a0up to\u00a050<\/strong>\u00a0seeds,\u00a030<\/strong>\u00a0seedlings, 16 immature plants and\u00a08 flowering plants<\/strong>. More than this could earn you\u00a012 months\u00a0<\/strong>and\/or a fine. What is very sad to note is Section 9(2) gets you\u00a02 years<\/strong>\u00a0and\/or a fine if any\u00a0minors<\/strong>\u00a0are involved in any stage of the cannabis growing (don’t worry we will challenge this with any ANC Family Value’s policy).
What about\u00a0smoking?\u00a0<\/strong><\/p>\n\n\n\n
![\"\"](\"https:\/\/ogct.co.za\/wp-content\/uploads\/2023\/01\/Screenshot-2023-01-04-at-10.59.24.png\")
Section 8(1)(a) classes consumption of cannabis in public <\/strong>as a class D offence which is 2 years <\/strong>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. There is an offence worth zooming into here and that is Section 7 – Offences regarding providing or obtaining. <\/strong>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. I do not want to jump the gun but my interpretation is we can buy\/sell up to\u00a040 grams<\/strong>\u00a0dried 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.\u00a0 What about\u00a0selling bud?\u00a0Section 7(5) stipulates…<\/p>\n","protected":false},"author":1,"featured_media":701,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[25,26,20,24,27],"class_list":["post-700","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-hemp-industry-articles","tag-cannabis-law","tag-cannabis-policy","tag-hemp","tag-industrialhemp","tag-south-africa"],"_links":{"self":[{"href":"https:\/\/ogct.co.za\/index.php?rest_route=\/wp\/v2\/posts\/700","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ogct.co.za\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ogct.co.za\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ogct.co.za\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ogct.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=700"}],"version-history":[{"count":1,"href":"https:\/\/ogct.co.za\/index.php?rest_route=\/wp\/v2\/posts\/700\/revisions"}],"predecessor-version":[{"id":702,"href":"https:\/\/ogct.co.za\/index.php?rest_route=\/wp\/v2\/posts\/700\/revisions\/702"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ogct.co.za\/index.php?rest_route=\/wp\/v2\/media\/701"}],"wp:attachment":[{"href":"https:\/\/ogct.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=700"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ogct.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=700"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ogct.co.za\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=700"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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).<\/p>\n\n\n\n
What about selling bud?<\/strong> Section 7(5) stipulates –
“An adult person who provides to or obtains from an adult person for the exchange of remuneration, <\/strong>a quantity that exceeds<\/strong> the prescribed quantity contemplated in section 2(3) [40grams dried cannabis]<\/em>,…, is guilty of a class B offence [6 years and\/or a fine].<\/p>\n\n\n\n
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.\u00a0
Please\u00a0comment below<\/strong>\u00a0– we would love to hear what you have to say about the new\u00a0Regulation of Cannabis Bill.
<\/strong>Much Love from Joshua Swart<\/p>\n","protected":false},"excerpt":{"rendered":"