Page 124 - Daggabay Magazine Issue 9

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

5.4.1 Distinguishing Plants (See Section 1 – Cannabis 101)

Typically, policies can either be focused on an cultivation and processing, as long as the use for
upstream method (hemp farmers have the choice the crop is not related to psychoactive properties.
among a list of selected genetic varieties, as is the The 1961 Convention also reaffirms the exemption
case in Canada ) or on a downstream method of specific parts of the plant (fibres, seeds), but
25
(hemp farmers get their crops analysed to validate does not limit these parts to the definition of
that they comply with an absolute threshold of a “industrial purposes”, which exempts it from the
certain percentage of THC on a dry-weight basis, scope of international drug control.
as in the USA ). Both approaches can be used in
26
conjunction, such as in the European Union . In illegal settings, authorities can legitimately tend
27
to restrict levels of THC in NPP Cannabis plants.
It is a common characteristic that “hemp” plants However, these “absolute thresholds” are always
present lower levels of THC and other minor arbitrary, and represent a serious barrier to using
cannabinoids than WPP Cannabis plants. Yet certain local strains with useful industrial property
28
this is not determinative of the nature of “hemp”. that might eventually produce higher levels of
It has often been thought that specific genetic cannabinoids.
NPP varieties with lower levels of THC would
be distinguishable per se from WPP varieties. In a context of legal regulations, the threat of
However this is scientifically incorrect: the genetics diversion of NPP Cannabis crops towards the illicit
of a plant are only one element among many market is almost nonexistent – of similar concern
others, that affects the physiological properties of than thefts in any other agricultural field. The need
Cannabis plants, their cannabinoid content, and for a threshold – or at least for such low thresholds
their value for hemp products or for adult use/ as 0.2%, 0.3% or 1% used in the past – is not justified
medical use products. any longer.

In general, NPP is grown and harvested differently Lists of varieties (intended for the same purpose
from WPP. Production practices among Cannabis as thresholds) do not seem to make sense either,
varieties vary with respect to cultivation, including especially in a country enjoying such a rich diversity
plant height, density, and timing of their harvest. of endemic plant varieties like South Africa. A
Depending on the desired final product, hemp better solution could be based on the “relative
cultivars are developed based on several factors, threshold” established by the United Nations
including: stem quality, cannabinoid content, Office on Drugs and Crime (UNODC). The 2009
resistance to disease, time to harvest, seed-oil “Recommended methods for the identification
31
content and seed production per acre. Plants and analysis of Cannabis and Cannabis products”
intended for NPP will be planted very closely describes that a “simple way of distinguishing
together for weed control and larger yield of fibre, between drug-type and fibre-type Cannabis is by
while plants for WPP will be spaced upwards of 2 using the ratio of the main cannabinoids THC, CBN
metres apart. While WPP is cultivated to promote and CBD.” “If the peak area ratio of [THC+CBN] :
the development of flowering tops and leaves with [CBD] is < 1, then the Cannabis plant is considered
elevated concentrations of THC, NPP is cultivated to be a fibre-type. If the ratio is > 1, it is considered
depending on its intended use across three a drug-type. Because THC is oxidized partly to CBN
different crops: fibre, seeds, and flower. after cutting and drying the plant material, the
sum of the peak area of THC and CBN is used and
The 1961 Single Convention on Narcotic Drugs divided by the area of CBD.”
disregards all “drugs” when used for industrial [THC] Area of THC in the chromatogram
purposes . Moreover, the convention specifically X = [THC]+[CBN] X > 1 Drug-type cannabis
29
excludes from control all plants of the genus [CBD] X < 1 Fibre-type cannabis
Cannabis that are used for “industrial and
horticultural purposes” . This means that the IDCC Source: UNODC, 2009.
30
does not apply under any circumstances to “hemp”

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