Page 90 - Daggabay Magazine Issue 9

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

4. leaving no-one behind

six mandatory ethical Principles For Fair regulations

“There is no reason to assume that structural inequalities that exist throughout our society won’t immediately
replicate themselves in the Dagga economy.’’ – Jodi Allemeier
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Currently, the South African Cannabis industry wealth, or those who come in from the outside to
regulates itself. This self-regulation has evolved as impose socially, culturally and historically irrational
an attempt to fill the gap left by the lack of State laws.
regulations. This self-regulation is embedded in
social structures and must not be overlooked or The proposition of developing a fully functional
ignored. The good news is that despite it being regulatory model for most jurisdictions, effectively
founded in unlawful activity, self-regulation is a and from scratch, is highly unusual in social
useful tool for developing legal regulation. policy and almost unique in drug policy. This is
why basic ethical principles should be followed.
Self-regulated settings can be scaled up into As a preliminary approach, we suggest that the
more elaborate policies, without compromising regulations contemplate specific aims, which
acceptance and understanding of regulations by could be inspired by the proposed specific aims
the local population – as has been proven by the of drug Policy . We also propose a non-negotiable
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self-organised Dagga Private Clubs . Not only is set of 6 Foundational Principles, to guide and
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this possible, it is necessary, because policies that sustain the new regulations.
ignore grassroots initiatives are known for failing to
reach their objectives. These should be major factors throughout the
discussion in South Africa and should set us apart
Cannabis use, cultivation and trade have from other countries formulating regulations.
already been self-regulated under prohibition,
and even more so with the new initiatives that While we see Cannabis as the “gateway” to more
have appeared since the Constitutional Court rational drug policies, it will become increasingly
judgment. The majority of people involved in the important to see Cannabis within the bigger
current market want to take part in a fair system picture of drug-control laws and policies, not
of transparency and accountability, once the veil isolated or in some way a “special case”. In this
of prohibition has been lifted. Yet, people are sense, Cannabis regulations guided by ethical
adamant that they will not place themselves at the principles are perfectly placed to demonstrate best
mercy of either the monopoly/oligopoly created by practice for future, broader drug policy reforms.

sPeCiFiC aims oF drUg PoliCy six FoUndaTional PrinCiPles

1. Protecting and improving Public 1. sustainability
Health and access to affordable 2. Policy Coherence
Healthcare 3. attention to Women and Gender issues
2. Reducing Drug-related Crime 4. Proper Recognition and De-stigmatisation of all uses of Cannabis –
3. improving security and adult uses, Health uses, industrial applications, Traditional, Cultural
Development and Religious uses
4. Protecting the Young and 5. inclusive Cannabis Community empowerment, in Particular for
Vulnerable Victims of Prohibition & People with Traditional Knowledge of
5. Protecting Human Rights Cannabis
6. Providing Good Value for Tax 6. Respect for Traditional Knowledge and Cultural Expressions,
money spent on establishing Protection of natural and Genetic Resources, and Recognition
Regulations of the intellectual Property of Communities

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