Page 97 - Daggabay Magazine Issue 9

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

4.6 Empowerment Of Inclusive Cannabis Communities

Remedies & Protections For Direct & Collateral Victims Of Prohibition,
& For Legacy Dagga Communities

Regulations must be relevant to the social • Allowing the public the choice between
context and take into consideration the complex products with guaranteed quality (through
idiosyncrasies of Cannabis cultivation, use and appropriate standard processes) and traditional
trade. In that respect, the recognition of the products which have been grown legally but
current SA Cannabis industry must be a priority not subject to strict and costly regulations. The
before any new regulations are put in place. Not legal principle of “Volenti non fit injuria” (Latin:
only can Cannabis regulations contribute to To a willing person, injury is not done) can be
improving public health education and prevention applied here.
of misuse, they can also contribute proactively • Planning a progressive and flexible
to the alleviation of poverty, inequality, social implementation of the policies and procedures
exclusion, injustice and discrimination. set up, so that they can be adapted according

The Cannabis value chain should be accessible to their performance in reality. The legal system
to all without limitation, except with regard to must have the capacity to evolve to respond to
registered medicines that make a specific claim new information and changing circumstances.
of efficacy. Systems for monitoring and evaluation
are essential from the outset in order that
In addition to reducing the harms of prohibition, regulations keep up with technological change
evidence-based regulations can create social and and external innovation.
economic opportunities and benefits for the most • Managing the links between the producers
vulnerable populations: the victims of state-led and the rest of the supply chain, and awareness
violations of human rights during the prohibition of the risks of over commercialisation and
era, and for people with traditional knowledge of maintaining entrepreneur-based regulations.
Cannabis. This includes a very strong drive for
inclusivity and empowerment for previously
To ensure inclusivity and soft transitioning from disadvantaged communities.
the unregulated market to a regulated industry,
several principles should prevail: • Incorporating self-regulation wherever
possible. We understand the conflict between
• The ultimate aim of sustainable regulations control and self-regulation and that is why it is
should be to mitigate the need for anyone important to make this point.
to operate outside the law. This is achieved
by making regulations and training in best • An incremental approach to implementing
practice accessible to all, and by planning regulations, aimed at gradually increasing
incentives for the poorest; standards and quality – rather than imposing
• Avoiding licences: the regulations high standards from the beginning.
implemented must not be structured around One of the core principles of the South African
a licensing system where any individual, regulation model must be that nobody is left
organisation or government body has the right behind. No person will be excluded from the
to grant or deny the said licence. “new” Cannabis economy by virtue of the fact that
he or she has, for instance, a criminal record for a
This is a serious and contentious issue, which must previous Cannabis-related “offence”. This requires
be given consideration by legislators to avoid a “cut the recognition that previous laws and policies
and paste” licensing system from overseas. Citizens massively violated the rights of citizens, and the
who have been persecuted by Cannabis prohibition enacting of retroactive measures in order to
are very aware of the corruption potential of provide remedy and reparations for the victims
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licences, and will fight for the introduction of a of these violations.
more equitable system. Licensing is only relevant
for the production of registered medicines.

CANNABIS IN SOUTH AFRICA • THE PEOPLE’S PLANT • A Full-Spectrum Manifesto For Policy Reform 53