Cannabis Private Clubs - Legal Review

In this video we discuss the ruling recently made by the High Court of South Africa (Western Cape Division) as it relates to 'The Haze Club - THC' Case no: 2101/2021. Our guests are Andrew McPherson from Ward Brink and Paul-Michael Keichel from Cullinan and Associates to give us some context on the recent High Court ruling as well as the context related to the Constitutional Court ruling of 2018 (Prince 3).
This discussion aims to create context regarding the recent decision on the 29th of August 2022, highlight some of the findings made, contextualizing what this means for cannabis access and private use in South Africa.
A strong focus of the discussion tied back to the definition of privacy and a private space and the spirit of the Constitutional Court ruling.
In this ruling reference is made to 'The legislation of dealing in cannabis concerns policy issues and fall within the realm of the legislature, and not the judiciary' as accurate as this is, how long are South African's required to wait for policy and legislative change to enable increase legal access and trade?
This discussion also unpacks certain aspects related to the Drugs and Drug Trafficking Act 140 of 1992 especially related to section 4(b) and 5(b).
With more discussions taking place daily hopefully we will see long-term UN reform regarding the Single Convention on Narcotic Drugs, 1961. UNODC
Guest Speakers: Andrew MacPherson
Attorney and Senior Associate at Ward Brink
wardbrink.com/
Guest Speakers: Paul-Michael Keichel
Attorney at Cullinan & Associates
cullinans.co.za/
This article or video is for general public information. It is not to be considered or construed as legal advice. Each matter must be dealt with on a case by case basis and you should consult an attorney before taking any action contemplated herein.

[@greendalphgreybeard3243]

4 years ago the South African Constitutional court ruled that South African citizens can grow, process, and consume cannabis, so long as it was in private, only by adults, and that no cannabis may be bought, sold, or traded. Realising that this is a contradiction in and of itself...they instructed parliament to correct legislation within 2 years to reflect the judgment.
4 years later...the best that government has done is create a draft bill which criminalises cannabis with even harder punishments and completely lacks any form of a market, retail or commercial...???
A lot of "noise" has been made by all forms of Government departments and officials, on freeing cannabis to help empower the South African economy...
The Sad fact of the matter is that nothing has changed... cannabis arrests have continued for last 4 years... thousands of South African citizens arrested for working with cannabis...
The Medicines and Controls act of 1965 still lists cannabis as a scheduled substance, defined as..." An undesirable, dependence producing substance, with no medical benefits.
Interestingly...even though cannabis is listed in the same schedule as Heroin and Cocaine...the wording for them states..." A dangerous, dependence producing substance, with no medical benefits.
Cannabis is undesirable while heroin and
cocaine are dangerous!??
The Dugs and trafficking act of 1992 that declares possessing cannabis and any part there of, is a criminal offence and punishable by law, is unchanged and is the reason the SAPS and other Justice forces like Metro police have continued to arrest South African citizens for cannabis...
Since the constitutional ruling the cannabis industry in South Africa has grown at a phenomenal rate, millions of Rand's invested in infrastructure, education and cultivation...ALL PRIVATE... South African citizens forging ahead.
Sadly almost all of these endeavours are finding that the inability of parliament to correct these old apartheid laws...has left South African cannabis entrepreneurs with no market, except the black market, which means either they "become criminals" or go bankrupt...
I do understand that there are many aspects to consider in the decriminalisation of cannabis...but if after 4 years, no change has been made, not even attempted to change, even though the new draft cannabis bill states that these laws need to changed as they pose the greatest challenge to the South African cannabis industry...we must realise...either parliament has not heard us...or is ignoring us...
NOW IS THE TIME FOR THE SOUTH AFRICAN CANNABIS INDUSTRY TO GATHER...AS PEOPLE...
I CALL ALL WHO LOVE, WORK WITH, OR WHO HAVE FOUND HEALING WITH CANNABIS TO SPREAD THIS FAR AND WIDE.
LET'S ALL MAKE A PLAN TO SHOW UP FOR THIS ONE!!
Blessed be to all

[@thecannaclub]

Brilliant content Jeff! Very informative, keep up the brilliant work

[@kurtkeshwar6888]

We have conservatives setting the boundaries and we not going to get anywhere. Nice one guys.

[@user-zr2dx5uj3c]

What is this government website for helping to grow