Page 135 - Daggabay Magazine Issue 9

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

the same amount of THC can affect one person’s do not allow to establish by itself that the person
abilities very differently to another’s. This makes it is under the effects of that substance, because
virtually impossible to prove impairment from a it does not even allow to see how long ago that
simple biochemical test . Unfortunately, we are no consumption occurred.” 53
51
closer to a consensus in the scientific community
around a particular blood concentration of THC As several experts have suggested, and the
likely to produce impairment. This means that you Michigan Commission reiterated, the state-of-the
can’t rely on a drug test on the side of the road to art and evidence-based approach to establish
confirm impairment in the way you can for alcohol. a significant likelihood of impairment is by
either a physical or cognitive test. We strongly
Such an opinion was held recently by the “Impaired recommend training safety officers to recognise
Driving Safety Commission” of the Michigan State actual Cannabis driving impairment and invest in
Police, which recommended that, after a thorough an effective cognitive roadside test for Cannabis.
two-year review of the science, no limit for the From our investigation, it seems unlikely that such
amount of THC in someone’s blood should be set, a roadside test is already in development in South
in the absence of evidence. They declared that Africa.
“there is no scientifically supported threshold of
THC bodily content that would be indicative of It must be understood that Cannabis and alcohol
impaired driving due to the fact that there is a are sometimes consumed together. In this case,
poor correlation between driving impairment and someone over the alcohol limit must be charged
the blood (plasma) levels of THC at the time of for that, alcohol being the more harmful and
blood collection” . Spanish Justice reached similar impairing substance. Another argument is that
52
conclusions: “The mere fact that [the person Cannabis could possibly make some medical
tested] had a positive result at the THC test is users drive better i.e. they used Cannabis to
insufficient to justify imposing a sanction,” it decrease anxiety or treat ADHD symptoms
wrote, explaining that “such a positive test result which could lead to less road accidents. Whilst
cannot be used to accredit that [this person] was this may be anecdotal, we need more evidenced
under the effects of such substance, which would based research across the world to address these
be a major infringement” and that “such tests complicated issues when it comes to “intoxication”.

5.5.9 Banking Systems

Conventional Banking System proposed SAFE Banking Act that aims to “create
protections for depository institutions that provide
in the US, even though many states have legalised financial services to Cannabis-related, legitimate
Cannabis in some form, the traditional banking businesses and service providers for such
systems have not been able to service Cannabis businesses” .
57
businesses due to fragmented Cannabis policies
across the country . This can throttle a small The Cannabis industry in South Africa must be
54
Cannabis startup if it is not able to use financial supported by local financial institutions in order to
institutions like any other business, whether it is develop Cannabis entrepreneurs and create jobs
for paying suppliers and employees or accepting in the process. Not only should banks facilitate
payments from customers. Furthermore, the normalising Cannabis business by allowing them
lack of support by banks etc. drives the Cannabis to operate, but there should be lending facilities
businesses to use more cash, which is linked to available to entrepreneurs wanting to grow their
increased crime incidents through robberies . businesses further. There are plenty of capable
55
Conscious of the challenges, the US Senate tasked growers and Cannabis businesses operating in
its Committee on Banking, Housing and Urban the unregulated market who have the knowledge
Affairs in July 2019 to address the “Challenges and expertise to instil confidence with credit
for Cannabis and Banking” following up the institutions.
56

CANNABIS IN SOUTH AFRICA • THE PEOPLE’S PLANT • A Full-Spectrum Manifesto For Policy Reform 91