Page 130 - Daggabay Magazine Issue 9
P. 130

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



            5.5.4  Security & Insurance


            5.5.4.1  Safety & Security                         If Cannabis corporate-risk benefits are properly
                                                               underwritten and mitigated through scientific
            At each registered Cannabis business, be it a      evidence of the relative harms and risks of
            production, retail, distribution or testing facility,   Cannabis in relation to the specific job, then
            Cannabis must be stored in a secure environment    employment contracts will become less restrictive
            and staff must be rigorously trained in security   in terms of the definition of “influence” in relation
            procedures. Security procedures may vary           to Cannabis. “Influence” should be clearly defined
            between standard and Kasinomics branches of        and whether Cannabis influence is a risk in
            the model, but must tend towards harmonisation.    particular situations, and the extent of that risk.
                                                               This can have an important effect on the non-
            South Africa has a high crime rate, so it follows   stigmatisation and normalisation of Cannabis
            that a Cannabis business will need security.
            However, the extent of that security is up to the   in the workplace, from a non-problematic
                                                               perspective. A “Cannabis Insurance Underwriting”
            registered owner of the facility. Any Cannabis
            production facility with common sense knows        subheading could serve this purpose.
            that security is important.                        Policy should be geared to encourage protection
                                                               and compliance of legal Cannabis entities
            Currently, the South African security industry is   through personal and commercial lines of
            the seventh largest in the world and is regulated
            by a leading authority called (PSiRA), the Private   insurance. These liabilities in relation to Cannabis
            Security Regulatory Authority. We find the current   must be assessed through proper ongoing
                                                               research and risk assessment, and include among
            set of regulating protocols (ERP’s) for the security
            industry (Act No. 56 of 2001) to be in alignment   others:
            with our proposal for the legal regulation of      •  General liability;
            Cannabis in South Africa. Security companies will   •  Premises liability;
            be providing the same service to the Cannabis      •  Product liability;
            industry as they do for all other businesses in    •  Property/equipment liability;
            our economy. It is of utmost importance that
            equality and non-discrimination are the pillars    •  Loss of income;
            of the security structure in its entirety and that   •  Equipment breakdown;
            no participant in the legal Cannabis economy is    •  Duty to Defend;
            subjected to any form of unfair treatment due to   •  Professional liability;
            the nature of their business.
                                                               •  Cyber liability.
                                                               Long-term insurance practices should make
            5.5.4.2  Insurance For ALL                         reference to the needs of the Cannabis industry
                                                               and not unduly prejudice the industry with
            Cannabis businesses need access to both short-     unrelated and unscientific risk underwriting.
            term and long-term insurance services at all       •  Proper risk underwriting should be clearly
            levels: for the cultivation of crops, the processing,   defined in all aspects and relative lines of
            stock or handling of products, for the facilities     insurance;
            of the business, and for the protection of staff
            and workers as well as customers. Insurance        •  Long-term insurance policies such as
            requirements will set minimum standards of            medical aids, life insurance, funeral insurance,
            security, based on pre-existing practices.            retirement annuities and endowment policies
                                                                  should make provision for the developing
            Cannabis users should not be unduly prejudiced        Cannabis industry;
            with unfair and unscientific risk underwriting (i.e.   •  Employee benefit policies need to comply
            DUI). Therefore, regulations need to influence risk   and complement the Cannabis Industry;
            underwriting and compliance.                       •  The Cannabis industry should be registered
                                                                  with the Unemployment Insurance Fund.




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