Where we @ with the South African state of nations cannabis regulations...
"deal in", in relation to a drug, includes performing any act in connection with the transhipment, importation, cultivation other than the cultivation of cannabis by an adult in a private place for his or her personal consumption in private, collection, manufacture, supply, prescription, administration, sale, transmission or exportation of the drug.
2. Cannabis is still listed as an undesirable dependence producing substance in Part Ill of Schedule 2 of the Drugs and Drug Trafficking Act. Despite this, licenses or permits are, in certain circumstances, granted by the South African Health Products Regulatory Authority (SAHPRA) and the Department of Agriculture, Land Reform and Rural Development (DALRRD) permitting cannabis cultivation for medical research purposes or the cultivation of hemp (low THC cannabis) for limited purposes.
3. There is currently no legislation that prescribes what quantities of cannabis may be possessed or cultivated in order to comply with the Prince judgement. There is also no legislation that allows for a presumption of dealing where cannabis quantities above a certain threshold is found in the possession of a person. As a result, the amount of cannabis found in the possession of a person for private consumption, in private or for cultivation cannot be used by a member to presume that the person is in fact dealing in cannabis.
4. Since there is no definition or quantification of the concept of "personal consumption", the South African Police Services is at risk if they arrest a person for possession, use or cultivation and such matter is not enrolled, struck off the roll, or otherwise does not result in prosecution. This exposes the SAPS to civil claims for unlawful arrest and detention.
ARREST BY THE SOUTH AFRICAN POLICE SERVICE FOR CANNABIS-RELATED MATTERS
5. Whenever a member has a suspicion of, or reasonable rounds in relation to an offence involving cannabis, the suspect, like any other suspect, must be treated with dignity and in compliance of the prescripts laid down by the law, including the Bill of Rights in Chapter 2 of the Constitution of the Republic of South Africa, 1996. All lawful means of securing the accused's attendance at trial, such as a summons or written notice, need to be considered before resorting to arrest and detention. For purposes of a summons or written notice, the name, residential address, occupation and status for the accused must be obtained to ensure his or her appearance at an identified court on a specific court date. A criminal case docket must be registered and the cannabis or any other exhibits must be seized and booked into the SAPS 13.
5.1. Before arresting alleged cannabis offenders and the seizure of their property proceed, members of the SAPS should liaise with the prosecuting authority, where possible, to determine whether the matter will be enrolled and prosecuted. It is also advisable to obtain a search and seizure warrant beforehand, before such operations are conducted. This will ensure that the process is subject to judicial oversight and the rule of law.
6. No arrests are to be made for personal and private cultivation and/or or possession of cannabis, which activities are not criminal. Furthermore, no arrests of alleged cannabis offenders should be effected merely for the reason to achieve pre-determined targets and without assurance that there is indeed a crime that will be enrolled and prosecuted by the National Prosecuting Authority.
6.1 A private space is any space that the public does not have access to as a matter of right, for example:
6.1.1 a physical barrier preventing access is not a requirement of a private space.
6.1.2 a person does not need to be the owner of a space for it to be their private space.
6.1.3 cannabis is privately possessed if hidden from view when carried in public. The inside of a motor vehicle is a private space.
6.1.4 cannabis dispensed by a traditional, cultural, or religious healer in small quantities is privately and personally possessed; and
6.1.5 more than one person may have ownership rights to personal and private cannabis.
7. This circular must be brought to the attention of all members under your command against their signature and filed as proof that such members familiarised themselves with the content of this circular. Any enquiries in relation to this circular should be directed to
ARRESTS BY THE SOUTH AFRICAN POLICE SERVICE FOR CANNABIS -RELATED MATTERS
Brigadier NF van Graan, at: 082 779 8662 or Brigadier MD Bobie, at: 079 527 3846 of the Division: Legal Services. Alternatively, any member of Legal Services responsible for provincial operational legal assistance may be contacted in this regard.
8. Failure of a member to comply with these instructions may result in disciplinary steps.
1-J.1. For your information.
Smiley Seeds Co.
South Africa
Disclaimer: All cannabis seeds sold and promoted by Smiley Seeds, its parent company, and any DBAs are strictly intended as novelty collectible genetic souvenirs ("Souvenirs") only. All products listed contain 0% THC. It is imperative that you, the customer, verify and comply with your local laws before purchasing any seeds or genetics. By using this site, you acknowledge that Smiley Seeds and its affiliates cannot be held liable for your actions or the misuse of any products purchased.