Cannibis For Private Use Bill: Where Your Smoking is Protected

The country of South Africa has finally reached a staged wherein the long overdue Cannibis for Private Purposes bill has been assented to by the President. 28 May 2024 was the day of the assent of the bill into law and the beginning of highs in the South African Economy.

But this post is not about the acts impact to the economy and all that mumbo jumbo stuff we most dont want to read about. Instead this post is about the impact of the act to personal lives of consumers of cannabis. Whats protected by the bill when it comes to the smoking of marijuana. The do's and donts as it relates to the cultivation, consumption and possession of cannabis. Finally we will look into my opinion on the CFPPA( The cannabis for private purposes act).

THE CFPPA: CANNIBIS FOR PRIVATE PURPOSES ACT 2024- WHAT DOES IT SPEAK:

The CFPPA as assented to by the president and enacted into law provides a framework as it pertains to the private use, possession and cultivation of cannabis in mzansi. Its a legislative expression of the constitutional court prince judgement where the apex court decriminalised the use, possession and cultivation of cannabis for private purposes and within ones private space. The newly highly minted acted also speaks on the expungement of criminal records for cannabis related offences that specifically pertained to possession. Basically in short this act has brought about the space for people to grow, possess and smoke cannabis within the confines of their private places without the paranoia of being raided by police and rest for a life choice made within the comfort of your privacy. I never understood why that was an offence but anyway shout out to the Prince judgment for getting that cleared. I dont think one should be subject to the whips of the criminal justice system for actions taken within the confines of their private spaces. Unless ofcourse those action have far reaching consequence to the wellbeing of public society. Also Cannabis is no longer classified as a drug for the purposes of the Drugs and Drugs trafficking Act.

With this new piece of act now in law, how does it govern the people's relationship with cannabis. As it what are the do's and dont's as expounded by the CFPPA.

THE DO'S, THE DONT'S AND THE MABYS:

Now regulation on Cannabis for Private Purposes Act is still be created, therefore, as the act is, it is merely a framework. The law on private use of cannabis is still to evolve as regulation is made arround it.

The Yay and Nays of Cannabis law:

• Cultivation

The act provides that you may cultivate cannabis within the confines of your private place. Meaning you can grow cannabis or a cannabis plant can sprout in your yard unexpectedly and you dont have to worry about police and incarceration. Regulation will most likely provide for the amount of cannabis that can be grown for personal, private use.

Yes as it stands, growing for profit or commercial gain is illegal and you will be in offence of the law should you be found doing that ( read the The Haze Club v Minister of Police case that is currently set to appear on appeal this year probably) .

So grow for your own personal consumptions and if you have family member or friends who part take, then you are allowed to give them, not sell it to them, give them. Money can never be exchanged when cannabis is handed from one person's fingers into the other person's palms. That is regarded as dealing and dealing is currently a dont, you will catch that charge and a fine/imprisonment of 10 years will be starring you in the face in a cold court room. unless you show mitigating circumstances, that 10 years could be less. But thats a topic for another post, we talking about weed here, not the surrounding processes of sentencing in the criminal justice system of south africa( look out for that one).

• Possession

Here is a do which i believe most gents in the kasi will be happy about. The act provides that possessing cannabis within your person has been decriminalised. Now say you walking in public, going back home after your uncles has gifted with a bankie (a bankie is a small quantities of cannabis usually packaged in those small see through plastic bags) . That trip back to your house, does not have to plagued with anxiety of the possibility of police doing a random stop and search and arresting you once they find the bankie. I am certain regulation will be promulgated to provided for the maximum amount of cannabis one may possess before it can be regarded as possession for the purpose of dealing. So for now, i would suggest you dont carry 300kg of cannabis in your person because am pretty sure that would not be for your private use ( see Haggis v The State for example of what being found carrying that amount will spell for you). Also dont go taking out your cannabis, rolling in public and smoking one out. Immediately its on sight in a public place, its stops being possession within your person and you will be pressed by police official should they see you.

• Use

The use of cannabis is finally decriminalised but with restrictions. Your use of cannabis whether medicinally or recreationally is subject to it being done in a private place. So you can smoke, just make sure you do it at a private dwelling or a private place. The dont's of use is that you may not smoke in the presence of children, your smoking should not cause a disturbance or nuisance to other people. So basically, if your cannabis smoke is so loud( smell is poignant) that your neighbours at your apartment complex is disturbed by it, then you should probably stop smoking there because that can lend you into some shit. Finally, dont smoke is public.

The cultivation, possession and use is subject to it being in a private place for personal purpose. Its essential to understand what a private place is for the purposes of the CFPPA. Private place as provided for in section 1 of the Cannabis for Private purposes act is "any place, including a building, house, room, shed, hut, tent, mobile home, caravan, boat or land or any portion thereof, to which the public does not have access as of right to". I suspect regulation will expand of this definition, but for now these are the places which you can smoke in.

My Opinion of the Act:

Time will tell on how i feel about the act, but at the moment i do feel it has come gaps which require clarity. Like the commercialisation of cannabis. People have to get their from somewhere and acquiring something usually requires a commercial transaction to happen. Not everyone is a plant merchant or a horticulturist as they would call them. I do hope as time goes by, the buying and selling of cannabis will be decriminalized as its through that buy and sell relationship that people get to exercise their right to smoke.

Regulations will provide for the max amount of cannabis that can be cultivated and possessed. So am not too worried about that omission from the act, i get it.

This piece of legislation is a good step towards the evolution of the agri industry with the introduction of multi-billion rand industry that the cannabis plant boast to bring.

CONCLUSION

All in all, am happy with laws that dont dictate how and what people should do with their lives. If someone wants to smoke marijuana in the privacy of their own space, let them do it. There is still a long away to go in the cannabis legislative framework within this country, but the Cannabis for Private Purposes act is sure a good start.

Disclaimer

The views and opinion expressed are those of my own, based on my own experiences and my subjective interpretation of the subject matter. They are authority nor should they be construed to be authority. Do your research, read further, gain knowledge and do what you want with it