Page 104 - Daggabay Magazine Issue 9

Fields of Green for ALL • Collectively Reforming South African Cannabis Laws

5.1 Constitutional Rights Pillar

Adult Use – Private & Non-Profit
(Incl. Traditional, Cultural, Religious & Health Uses)

Home Cultivation regulation carefully constructed to be simple, cost-
effective and desirable, this risk is automatically
Similar to the decriminalisation of use and mitigated. Legal access to the market must be
possession, the right granted by the Constitutional attractive enough that operating a business
Court to cultivate Cannabis “by an adult in a private outside of the support that the regulations offer
place for that adult’s personal consumption in would not be attractive to cultivators and traders.
private” is inalienable and will continue to be There is the possibility for home growers to
2
enjoyed by adult citizens regardless of the policies expand production into either a Dagga Private
going forward. The right for every citizen to grow Club, a Kasinomics commercial operation or a
at home for their own use is non-negotiable. standard commercial operation. Therefore, limiting
the number of plants for home cultivation is
Limiting the number of plants allowed to be grown unnecessary. The only limitation should be that
legally at home is not an option for South Africa.
The only reason to impose measures that limit the plants cultivated in private, for personal use, cannot
number of plants allowed per person is to avoid be used for commercial purposes.
“dealing” taking place. Within a system of legal Over and above opportunities created to dissuade
the commercial trade in “home grown” plants,
it is simply impractical and absurd, given the
enormous diversity in types of Cannabis cultivation
in South Africa, for any regulatory body to waste
resources on plant counting. The enforcement of
such a regulation is futile.

“Who is going to come and knock on our doors to count
1 2 3 4 our plants? Who is it that knocks on our doors to count
how much alcohol we have at home?”
The Dagga Couple 2019
“At the time of publication of this Manifesto, the
South African Police have made NO progress with the
investigation into Julian’s murder. I will never, ever let
the SAPS onto our property to count our plants, given
this appalling state of affairs.”
5 6 7 8
Myrtle Clarke November 2020
NO PLANT COUNTING

5.1.1 Dagga Private Clubs

Dagga Private Clubs (DPC) are registered non- many inadequacies and led to the formation
profit companies, formed by consenting adults of Dagga Private Clubs, a private collective of
who consume Cannabis, mainly as a recreational individuals where registered members take part in
activity. South Africa’s Constitutional Right to safely cultivating Cannabis for their exclusive and
Privacy allows adults to cultivate and consume personal use.
Cannabis in a private space. The judgment left

60 CANNABIS IN SOUTH AFRICA • THE PEOPLE’S PLANT • A Full-Spectrum Manifesto For Policy Reform