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Just one day before the historic ballot, President Cyril Ramaphosa signed the Cannabis for Private Purposes Act, making South Africa the first African nation to legalise the use of marijuana. The bill also stipulates that those who broke the law by committing such deeds should have their records automatically wiped clean. However, it is unclear how this will take place or when and if any of the 3, people in prison for cannabis-related offences as of will be released. Unlike other countries where cannabis has been legalised , such as Malta, Canada and Uruguay, there is still no way to lawfully acquire it in South Africa as a casual smoker unless you grow it yourself. Selling cannabis remains illegal unless it is for medicinal purposes and has been prescribed by a doctor. In other words, it is theoretically fine to have a forest of pungent plants in your back yard, so long as you do not profit from it. Still, a huge grey market already exists. The new legislation has been six years in the making. After a court ruling that private consumption of cannabis was constitutional, the government was told to prepare legislation which would legalise it within two years. The ruling meant that cannabis could be included in this list of unregistered medicines. Other than that, we actually have some cops who come here to smoke and they actually protect us. The Haze Club THC in Johannesburg, a collective of cannabis growers operating on private premises, for example, was raided in , and legal proceedings continue. Trade is everywhere already. We just need to regulate it. The weed had a variety of uses: Zulu warriors smoked it to ease their nerves before battle and it provided pain relief for Sotho women during childbirth. The colonists did not particularly care about the natives smoking dagga out in the bush, but in the 19th century, Indian labourers, locally known as coolies, were brought over to work on sugarcane plantations. Dagga had not been an issue before this, but the Indians were living in closer proximity to white settlers and the smoke was wafting through their windows, so an law banned the selling of dagga to coolies. And so, in , South Africa imposed a nationwide ban on selling, growing and possessing the plant, and called for it to be outlawed globally. White South Africans of Dutch and British descent were afforded huge privileges over the rest of the population, who were segregated and denied the right to vote, own land or intermarry. In , the apartheid government passed the Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, which it boasted was the toughest drug law in the Western world at the time , South Africa was an ally against communism in the Cold War and the apartheid regime was often considered part of the West. Its effect was most keenly felt in the segregated townships, where arrestees could risk jail spells of two to 10 years for possession of a single marijuana joint. The law was replaced by the Drugs and Drug Trafficking Act, and although apartheid ended not long after, the new government kept the same legal framework. Police helicopters did flybys over the dagga fields of the Eastern Cape, spraying them with toxic herbicides. This so-called war on drug raged until , when the Western Cape High Court ruled on a case brought by Rastafarian lawyer Ras Gareth Prince, who had been arrested with his family for growing dagga in The court declared that the prohibition violated his right to privacy, a claim ultimately upheld by the Constitutional Court in The court set the government a two-year deadline to rewrite its laws accordingly. But despite repeated promises by President Ramaphosa that South Africa would soon reap the rewards of a new industry, the deadline was pushed back, again and again, before finally being written into law last week. It is imperfect, but Myrtle considers it a start. The last version of the bill was half the length and 80 percent better than the version before it. Clarke says the fight now is to actually regulate trade. This means overcoming perceptions among conservative sections of society that cannabis is still a dangerous drug. Clarke accuses lawmakers of ignorance and pandering to long-held prejudices. Thailand removed cannabis from its Narcotics Act in , and thousands of quasi-legal dispensaries opened across Bangkok and the tourist hotspots overnight. For some, it was too much, too fast. A moral panic ensued, and lawmakers are now threatening a U-turn. While a few African countries like Malawi have legitimised medical marijuana, and others such as Ghana ended penalising minor quantities for personal consumption, South Africa is the first to allow recreational use. Elsewhere on the continent, Morocco allowed the use of cannabis for medical and industrial purposes, such as the use of hemp in fabrics, in But with a centuries-long tradition of smoking for relaxation, full legalisation is now very much part of the public debate, with cannabis farmers and investors holding public debates with MPs on the issue. One country closely watching the developments in South Africa is Eswatini, formerly known as Swaziland, a tiny landlocked kingdom surrounded by South Africa and Mozambique. Cannabis, locally known as insangu, is currently banned there under a British colonial-era law, which the government is now considering revising. For decades, smallholder farmers in the kingdom have survived by illicitly exporting insangu, including a prized strain known as Swazi Gold. But now, developments in South Africa are threatening to shut them out of their livelihoods. Shongwe believes the only way out is for Eswatini to legitimise its domestic market and trademark its Swazi Gold strain, the same way that tequila and mezcal can only come from Mexico. Our local rural cannabis legacy farmers can thrive economically only when and if cannabis can be legalised in Eswatini as well as legal reforms aimed at empowering them are put into action. By Niko Vorobyov. Published On 10 Jun 10 Jun Sponsored Content.

South Africa legalises cannabis use. Will the rest of Africa follow?

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Cannabis in South Africa is an indigenous plant with a rich historical, social, and cultural significance for various communities. Prior to the lifting of the prohibition of cannabis in , advocates pressured the government to amend laws restricting cannabis that were first established in to allow exceptions for medical use , religious practices , and other purposes. Cannabis is believed to have been introduced to Africa by early Arab or Indian traders, centuries ago. Additionally, it was traditionally utilized by Basotho communities to facilitate childbirth. The first written record of the plant in South Africa is by Jan van Riebeeck , who ordered officers of the Voorman to purchase 'daccha' in Natal for trade with the Khoikhoi. The Dutch East India Company attempted to establish a monopoly on its sale, and to that end prohibited cultivation of the plant by Cape settlers from However, the ready availability of cannabis in the wild and through trade with indigenous peoples meant that there was little profit to be made. Consequently, the prohibition was lifted in Beginning in , the Natal Colony began to import Indian workers called ' coolies ' at the time to supplement their labour force. These Indians brought with them the habit of consuming cannabis and hashish, which blended with local, extant African traditions. The European authorities were concerned by this practice, believing it sapped the vitality of their workers; \[ 11 \] consequently, in , Natal's Coolie Law Consolidation prohibited 'the smoking, use, or possession by and the sale, barter, or gift to, any Coolies whatsoever, of any portion of the hemp plant Cannabis sativa Both the Cape and Transvaal colonies restricted the growth of the plant, which they considered a 'noxious weed'; \[ 12 \] in , the Cape Colony prohibited cannabis under Act 34, and the Free State outlawed dealing in cannabis in Although white farmers did cultivate cannabis in the 18th century and early 19th century, consumption by the farmers themselves was rare. However, even cultivation fell out of favour later in the 19th century. A concern developed about the ''camaraderie' which led some to lay aside race and other prejudices with regard to fellow' drug users. In , regulations were issued under an amended Customs and Excises Duty Act which criminalised the possession and use of 'habit forming drugs', including dagga. Under regulation 14, the cultivation, possession, sale, and use of the plant were prohibited. The burden of proof for any defence against a charge lay with the accused; legal scholar Professor Chanock contrasted this with laws regulating alcohol at the time, which laws placed the burden of proof on the accuser; he reasoned that the cannabis regulations were applied differently because they were intended to target black people. Van Tyen in , \[ 14 \] that dagga was included in a list of prohibited narcotics, which list had hitherto been almost entirely concerned with opium and its derivatives. Cannabis was wholly criminalised in South Africa in under the Medical, Dental, and Pharmacy Act , for political and moral reasons. However, following the adoption of the interim constitution of South Africa , courts found that this unjustifiably infringed the constitutionally enshrined presumption of innocence, and consequently invalidated those parts of the Act. On 18 September the South African Constitutional Court decriminalized the use and cultivation of cannabis in a private space, and provided a month period in which the Parliament of South Africa could amend the relevant laws, failing which the court judgement would prevail. Even though private use of cannabis has been decriminalized the buying and selling of cannabis, cannabis oil and cannabis seeds remains illegal. Cannabis grows well in South Africa's climate, \[ 18 \] especially in the 'dagga belt', an area including the Eastern Cape and KwaZulu-Natal provinces \[ 10 \] where, per the International Narcotics Control Strategy Report , it is a traditional crop. According to GroundUp, cannabis is 'an important cash crop' that 'sustains entire communities in the rural Eastern Cape', which otherwise survive in a subsistence economy. In , the Department of Land and Agriculture , the Tobacco and Cotton Research Institute, and the Southern African Hemp Company conducted agricultural research on the viability of farming non-psychoactive hemp strains of the plant in the North West province. The state conducted cannabis eradication programs since the s. Police initially uprooted dagga plantations and burned the crops but in switched to using herbicides, which they would dispense with hand-held pumps. By the end of the s, helicopters replaced ground patrols, and helicopter patrols would release herbicides aerially to destroy entire crops in minutes. In , a coalition of civil society organisations successfully lobbied government in the former Natal province to ban the herbicide paraquat from use in aerial eradication programmes. The South African Police Service SAPS now uses a herbicide formulation which includes glyphosate , and maintains that it is safe, posing 'no threat to human, animal, or environmental health'. In South Africa, the third largest centre of biodiversity in the world, \[ 22 \] a number of Indigenous peoples and local communities have cultivated cannabis for long time and have developed special ties with the plant, including the custodianship of traditional cannabis plant varieties genetic resources and associated agricultural or medical skills and know-hows traditional knowledge which have been bioprospected for decades. These elements are today protected against misappropriation and biopiracy by international law, such as the Nagoya Protocol to the Convention on Biological Diversity that the country has ratified \[ 22 \] or the GRATK Treaty signed by South Africa in May Biopiracy is an ongoing issue in the country. According to the reform organisation Fields of Green for All :. In South Africa, medical cannabis products may be prescribed for any health condition, once the presiding physician determines that it could assist in treatment. The potential growth has acted as a motivation for legalization considering the traditionally stagnant economic growth of South Africa. A major driving force in the emerging market is European demand with Germany being the largest cannabis market in Europe. Besides the large overseas market which draws many investors into the new industry, the local South African market is proving to be another avenue for economic growth. The aforementioned plant, locally known as 'dagga', has had a long history in Southern Africa, dating back to the 's. This long history of cultivation within the area has led to the plant being socially accepted by many indigenous communities. This is clearly seen with the increase in hobby growers and local small-scale farmers who are curious about the plant, and its recently outlawed reputation. Before the decriminalization of Cannabis, procuring the seeds necessary to grow the plant was largely considered illegal and difficult. However, laws allowing people to grow the plant within their own homes as well as the government's mandate to not exclude the poor from the industry, has made the procurement of certified quality seeds a necessity. The Dagga Party was established to allow voters who support the legalisation of dagga to have representation in elections. In February , they argued before a magistrate's court that they had a 'human right to ingest anything' they chose, provided that it did not harm them, and applied for leave to make their case before the Constitutional Court. Under the proposed bill, with the patient's informed consent, doctors can administer unproven but harmless cancer treatments such as cannabis if other treatments are not efficacious; informed consent will shield doctors from common law liability and the requirements of their medical profession in such circumstances. Dr Oriani-Ombrosini was diagnosed with lung cancer, and had been on cannabinoid treatment in the last months leading to his death. The official position of the CDA is that dagga should be decriminalised, reasoning that criminalisation has been shown to have little effect on the prevalence of drug use, and that decriminalisation could improve public health. In , the Department of Social Development commissioned the CDA to conduct research into the feasibility of partially legalising dagga. That research is yet to be completed. The South African regulatory body for drugs, the Medicines Control Council MCC , initially classified dagga as a Schedule 7 substance, which meant that it had no medicinal value and was 'illegal to cultivate, analyse, possess, research, use, sell or supply without authorisation from the Department of Health. In January , following a systematic review of scientific studies on cannabis, the Medicine Research Council concluded that there was evidence that cannabinoids could be used to treat chronic pain and spasticity in multiple sclerosis. See here for a summary. On 31 March , in a case brought by Gareth Prince, Jeremy Acton, and Jonathan Rubin before the Western Cape High Court , presiding Judge Dennis Davis ruled that any law disallowing the use and cultivation of cannabis by an adult in a private dwelling was unconstitutional and therefore invalid, on the grounds that such infringement of the constitutional right to privacy could not be justified. After announcing their decision to rule on the matter, the full panel of judges convened on 18 September at the Constitutional Court in Johannesburg with Chief Justice Raymond Zondo reading out what he described as a unanimous decision. In his ruling it was stated:. He placed no limits on quantities that adults would be allowed to carry, consume or grow and said that it would be up to parliament to decide once a bill was drawn up to accommodate these recommended changes. The government has been given a period of 24 months to implement the landmark ruling's findings. First filed in , the bill proposed no limits on the personal cultivation, possession, sharing and use of cannabis by adults and in private out of sight. During the four years of debates that followed the initial proposal, the bill was largely edited, with many controversial points withdrawn. Contents move to sidebar hide. Article Talk. Read Edit View history. Tools Tools. Download as PDF Printable version. In other projects. Situation regarding Cannabis dagga in the country of South Africa. Arts Culture. Drug culture Drug liberalization Illegal drug trade Psychedelia. History \[ edit \]. Provincial laws \[ edit \]. National laws \[ edit \]. Cultivation, eradication, and bio-cultural heritage \[ edit \]. Cultivation \[ edit \]. Eradication programs \[ edit \]. Biological and Cultural heritage \[ edit \]. Medical use \[ edit \]. Emerging markets \[ edit \]. Local Seed Banks \[ edit \]. Advocacy \[ edit \]. Dagga Party \[ edit \]. Main article: Dagga Party. Dagga Couple \[ edit \]. Main article: Dagga Couple. Global Marijuana Marches \[ edit \]. Mario Oriani-Ambrosini \[ edit \]. Governmental regulatory bodies \[ edit \]. Central Drug Authority \[ edit \]. Medicine Research Council \[ edit \]. Other organisations \[ edit \]. Decriminalisation \[ edit \]. Initial Cape High Court ruling \[ edit \]. Cannabis for Private Purposes Bill \[ edit \]. References \[ edit \]. United Nations Office on Drugs and Crime. Archived from the original on Retrieved ISSN Constitutionally Speaking. Grocott's Mail. Du Toit Cannabis, alcohol, and the South African student: adolescent drug use, Ohio University Center for International Studies. ISBN Health Systems Trust. The Guardian. South Africa: Rhodes University. Archived PDF from the original on Cambridge University Press. Principles of Criminal Law. South Africa: Juta and Company Ltd. Mills 11 September Cannabis Britannica: Empire, Trade, and Prohibition OUP Oxford. Cannabis and Culture. Walter de Gruyter. Juta and Company Ltd. Weekend Argus. Brownfield 1 May Space and Polity. Cannabis Embassy. Myrtle; Riboulet-Zemouli, Kenzi The Cannigma. Archived from the original on 3 December Retrieved 29 January BBC News. The Citizen. Archived from the original on 26 March Retrieved 17 August Times LIVE. Archived from the original on January 9, Retrieved November 2, — via www. Archived from the original on 11 November Independent Online. Mail and Guardian. Sunday Independent'. Archived from the original on December 22, Retrieved November 2, SD Law. Archived from the original on 31 July Retrieved 7 July Ground Up. Press Reader. Cape Times. Bush Radio. Big Buds Mag. Fields of Green for ALL. External links \[ edit \]. Cannabis by country. Legal history Legality by jurisdiction. Legal history Timeline Medical Non-medical Legality by jurisdiction. Legality of cannabis Annual cannabis use by country Adult lifetime cannabis use by country Cannabis political parties Timeline of cannabis law. Hidden categories: All articles with dead external links Articles with dead external links from October Articles with permanently dead external links CS1 errors: generic name Webarchive template wayback links Articles with dead external links from March Articles with short description Short description is different from Wikidata Pages with Afrikaans IPA Articles with text in Khoisan languages. Related Drug culture Drug liberalization Illegal drug trade Psychedelia. Cannabis portal Medicine portal Agriculture portal.

Durban buying weed