Page 128 - Daggabay Magazine Issue 9

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

wine to minors as a sacrament , albeit in very small South Africa is beginning to take notice of the
33
quantities, so the same must apply to the Rastafari Constitutional Court ruling in favour of minors
religion, where Cannabis is given to minors. It is, and their rights pertaining to Cannabis. In July
however, recommended that Cannabis supplied 2020, the Johannesburg High Court ruled that
to minors in this context should be of very low the criminalisation of possession and/or use of
THC content. 34 Cannabis by children is unconstitutional. The case
was based on a child failing a school drug test for
Schools and educational facilities cannot treat Cannabis use and as a result being subjected to
Cannabis-related infringements worse than the criminal justice system. The court noted that:
those of more harmful drugs like tobacco and “although there is a legitimate governmental
alcohol. Drug education pertaining to Cannabis purpose to protect children from the use and
must be updated to reflect the latest scientific abuse of substances that are harmful to them,
findings and thus be appropriate and relevant. putting them through the criminal justice
The aim is to strongly discourage the use or system as far as the use or abuse of Cannabis is
possession of Cannabis within a school or learning concerned, is not an effective and appropriate
environment, without using fear as the main manner to achieve this purpose.” 35
motivation. Fortunately the judicial system in

5.5.3 Areas Allowed For Use Of Cannabis By Adults

METHODS OF / AREAS FOR CONSUMPTION BY ADULTS

CANNABIS HUB

All traders, Cannabis Both retailers Hubs for It is possible
private clubs Hubs may and private testing and that the Smoking of Smoking of
or retailers, test, and offer clubs may auction of authorities Cannabis, Cannabis in
may trade on auction, offer venues Cannabis may may ban all specifically, public areas
in all types all types of for the con- not allow a Cannabis could be could be
of Cannabis, Cannabis: sumption of venue for the smoking out restricted to restricted to
consumable seed, flowers, Cannabis. consumption of designated similar areas similar areas
by all delivery concentrates, of Cannabis. areas / clubs / that currently that currently
methods. edibles, in- retailers. allow tobacco allow drinking
dustrial Can- smoking. of alcohol.
nabis and its
by products,
etc.

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