South Africa, Opportunity & Threats: Where is this legislation process taking us and what can be done to maximize opportunity for all?

[Carmen Ray]

It saddens me to see the direction that the legislative process regarding cannabis production and consumption is taking. The Government gave a 2 year deadline for putting regulations into place. They have just brought that forward by a year by introducing their October Plan. All concept material is supposed to be submitted by this coming October. I don't have the time to do the research and write a concept paper, and I don't know of any others who are, other than Fields Of Green For All, Department of Justice & Corrections, and, well no-one other than the medical industry (I can't find references). The Justice & Corrections White Paper was leaked earlier this year. I am finding it difficult to upload the document but I have it. It is very restrictive and if that is coupled with the Cannabis Club initiative, then as it turns out, it is not so simple to grow your own, gift to friends etc, as that would still be considered "dealing". Yes, the Department of Justice & Corrections still refer to trade in dagga as "dealing". Penalties for illegal use and distribution appear to be more stringent. Access to legal weed appears to diminish. If you are a member of the proposed Cannabis Clubs, you have to submit audited books, stock registers and membership details, including personal information, to the State for policing!!! How is that advantageous? Well anyway... I learnt long ago that farting against thunder was pretty pointless, so I guess all I am in a position to do now, is share received information and disseminate as broadly as possible, in advocacy for the plant and human rights and dignity. #freetheplanfreetheman

 

[Carmen Ray]

faith like potatoes2ndEdition.png

• Carmen Ray
• Sep 2, 2019

We have to have "faith like potatoes". That particular ethic brought potato farmers in Zululand...

 

[Carmen Ray]

How is this for a simple solution? Repeal redundant Colonial Prohibition law and open the market? Like just Decolonize Dagga

 

[Carmen Ray]

Just going to leave this here. "Contemplate your paper plate..." (Kalahari Surfers) ZA Government & Developments On Land Expropriation Without Compensation
I am not sure what their plans are but I believe they are in a deal with China to farm the Eastern Cape.

 

[Carmen Ray]

 

[420 Warrior]

Alleged Leaked Dagga Bill South Africa 2019

In 2018 the South African Government gave a 2 year deadline for putting regulations into place.

They have just brought that forward by a year by introducing their October Plan. All concept material is supposed to be submitted by this coming October.

Fields Of Green For All, Department of Justice & Corrections, and the medical industry will be putting in their concepts.

There appears to be little or no input from the perspectives of social and economic development. The Justice & Corrections White Paper was leaked earlier this year.

It is very restrictive and if that is coupled with the Cannabis Club initiative, then as it turns out, it is not so simple to grow your own, gift to friends etc, as that would still be considered "dealing".

Yes, the Department of Justice & Corrections still refer to trade in dagga (cannabis) as "dealing".

Penalties for illegal use and distribution appear to be more stringent. Access to legal weed appears to diminish.

If you are a member of the proposed Cannabis Clubs, you have to submit audited books, stock registers and membership details, including personal information, to the State for policing!

Here is a copy of the leaked Bill white paper, allegedly written by Justice & Corrections:

REGULATION OF CANNABIS BILL 7 January 2019 X .

____________ (As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Government Gazette No. ………….. of …………. 2019) (The English text is the official text of the Bill) ____________

(MINISTER OF JUSTICE AND CORRECTIONAL SERVICES)

[B—2019]   BILL

Definitions and interpretation

1. In this Act, unless the context indicates otherwise— "adult person" means a natural person who is 18 years or older; ʺcannabisʺ means— (a) any substance containing THC; (b) any part of a cannabis plant, but exclude— (i) the seeds; (i) the stalk, without any leaf, fruit, flower, or branch; and (ii) the roots, of such a plant; "cannabis plant" means a plant of the genus Cannabis, but exclude "hemp"; "cannabis plant cultivation material" means viable seeds, seedlings and immature cannabis plants; "cannabis plant equivalent" means a quantity referred to in Column 2 of Schedule 1, in respect of any class of cannabis plant referred to in Column 1 of that Schedule which is deemed to be equivalent of one flowering cannabis plant; "consumption" or "consume" means to smoke, eat, drink or otherwise to self-administer cannabis; "cultivate" includes to plant, propagate, nurture, tend, grow or harvest a cannabis plant; "deal" means any conduct to facilitate the provisioning to, or obtaining from, another for the exchange of remuneration; "dried cannabis" means cannabis that has been subjected to a drying process and "to dry cannabis" must be interpreted accordingly; "dried cannabis equivalent" means a quantity referred to in Column 2 of Schedule 2, in respect of any class of cannabis referred to in Column 1 of that Schedule which is deemed to be equivalent to one gram of dried cannabis; "flowering cannabis plant" means the gametophytic or reproductive state of a cannabis plant in which the plant is in a light cycle intended to produce flowers, trichomes and cannabinoids characteristic of cannabis; "harvest" means to obtain or to dry "cannabis", from a cannabis plant; "hemp" means a plant of the genus Cannabis having no more than 0,2 percent THC; "immature cannabis plant" means a non-flowering cannabis plant that is not— (a) taller than 60 centimetres; and (b) wider than 40 centimetres, measured in accordance with the manner determined prescribed by regulation; "minor person" means a natural person who has not yet attained the age of 18 years; "Minister" means the Cabinet member responsible for the administration of justice; "person" means a legal person, an adult person and a minor person; "personal use" means for the exclusive use of an adult person; "private place" means any place, including a building, house, room, shed, hut, tent, mobile home, caravan, boat or land or any portion thereof, to which the public does not have access as of right; "public place" means any place to which the public has access as of right and includes a place open to public view; "remuneration" means any form of compensation, gift, reward, favour or benefit; "seeds" means viable seeds of a cannabis plant; "prescribed quantity" means for purposes of the sections referred to Column 1 of Schedule 3, the quantity that does not exceed the quantity of any class of cannabis plant cultivation material, cannabis plants or cannabis referred to in Column 2 of that Schedule; "THC" means (-)-trans-delta-9-tetrahydrocannabinol; and "trafficable quantity" means for purposes of the sections referred to Column 1 of Schedule 4, the quantity that exceeds the quantity of any class of cannabis plant cultivation material, cannabis plants or cannabis referred to in Column 2 of that Schedule, but which quantity is less than a commercial quantity.

Prescribed quantity for personal use

2. (1) An adult person may for personal use— (a) possess a prescribed quantity of cannabis plant cultivation material; (b) cultivate a prescribed quantity of cannabis plants in a private place; (c) possess a prescribed quantity of cannabis in a public place; and (d) possess a prescribed quantity of cannabis in a private place. (2) An adult person may consume cannabis in a private place. (3) An adult person may without the exchange of remuneration— (a) provide to; or (b) obtain from, another adult person, for personal use, a prescribed quantity of— (i) cannabis plant cultivation material; (ii) cannabis plants; or (iii) cannabis.

Legal person and minor persons

3. (1) Subject to any other law, a legal person who— (a) obtains, possesses or provides, whether for remuneration or not, cannabis cultivation material; (b) cultivates a cannabis plant; (c) obtains, possesses or provides, whether for remuneration or not, a cannabis plant; or (d) obtains, possesses or provides, whether for remuneration or not, cannabis, is guilty of a Class A offence. (2) A minor person who— (a) possess a prescribed quantity of cannabis plant cultivation material; (b) cultivate a prescribed quantity of cannabis plants in a private place; (c) possess a prescribed quantity of cannabis in a public place; (d) possess a prescribed quantity of cannabis in a private place; (e) consume cannabis in a private place; (f) without the exchange of remuneration provide to or obtains from another person, a prescribed quantity of— (i) cannabis plant cultivation material; (ii) cannabis plants; or (iii) cannabis, is guilty of a Class E offence.

Cannabis plant cultivation material offences

4. A person who is in possession for personal use of a quantity that exceeds the prescribed quantity contemplated in section 2(1)(a), but which is less than a trafficable quantity, of cannabis plant cultivation material, is guilty of a Class E offence.

Cultivation offences

5. (1) A person who in a private place for personal use, cultivates more than the prescribed quantity contemplated in section 2(1)(b), but less than a trafficable quantity, of cannabis plants, is guilty of a Class E offence. (2) A person who cultivates a cannabis plant at any place and who fails to— (a) take reasonable steps to ensure that the cannabis plant is inaccessible to a minor person; or (b) comply with any requirement or standard regarding the cultivation of cannabis plants in a private place for personal use as prescribed by regulation, is guilty of a Class D offence.

Possession offences

6. (1) A person who possesses for personal use in a public place more than the prescribed quantity contemplated in section 2(1)(c), but less than a trafficable quantity, of cannabis, is guilty of a Class D offence. (2) A person who possesses in a private place for personal use more than a prescribed quantity contemplated in section 2(1)(d), but less than a trafficable quantity, of cannabis, is guilty of a Class E offence. (3) A person who is in possession of any quantity of cannabis at any place and who fails to store such cannabis— (a) in a secure space that is inaccessible to a minor person; or (b) in a manner that does not comply with any requirement or standard regarding the storing of cannabis prescribed by regulation, is guilty of a Class D offence.

Offences regarding providing or obtaining

7. (1) An adult person— (a) who provides to; or (b) obtains from, an adult person, for personal use, without the exchange of remuneration a quantity that exceeds the prescribed quantity contemplated in section 2(3), but less than a trafficable quantity, of— (i) cannabis plant cultivation material; or (ii) cannabis plants, is guilty of a Class E offence. (2) An adult person— (a) who provides to; or (b) obtains from, an adult person, for personal use, for the exchange of remuneration, a quantity that is less than the prescribed quantity contemplated in section 2(3) of— (i) cannabis plant cultivation material; or (ii) cannabis plants, is guilty of a Class E offence.

(3) An adult person— (a) who provides to; or (b) obtains from, an adult person for the exchange of remuneration, a quantity that exceeds a prescribed quantity contemplated in section 2(3), but less than a trafficable quantity of— (i) cannabis plant cultivation material; or (ii) cannabis plants,

is guilty of a Class D offence.
(4) An adult person who provides to or obtains from an adult person for remuneration, a quantity that does not exceed the prescribed quantity of cannabis contemplated in section 2(3), is guilty of a Class C offence.

(5) An adult person who provides to or obtains from an adult person for the exchange of remuneration, a quantity that exceeds the prescribed quantity contemplated in section 2(3), but less than a trafficable quantity of cannabis, is guilty of a Class B offence

Consumption offences

8. (1) A person who consumes cannabis— (a) in a public place; or (b) in a private place in the presence of any non-consenting adult person, is guilty of a Class D offence. (2) A person who smokes cannabis in a private place— (a) within a distance prescribed by regulation from a window of, ventilation inlet of, doorway to or entrance into another place; or (b) forming part of any place where persons congregate within close proximity of one another and where the smoke is likely to cause a hindrance to any person at that place, is guilty of a Class D offence. (3) A person who consumes cannabis in, at or near any place prescribed by regulation, is guilty of a Class D offence.

Offences involving minor persons

9. (1) A person who has a minor person in his or her care or under his or her supervision or control, and who knowingly permit the minor person to— (a) possess cannabis cultivation material; (b) deal in cannabis cultivation material; (c) cultivate a cannabis plant; (d) possess cannabis; (e) deal in cannabis; or (f) consume cannabis, is guilty of a Class D offence. (2) A person who engage a minor person, whether for remuneration to the minor or a third person or not, to deal in— (a) cannabis; (b) cannabis cultivation material; or (c) cannabis plants, is guilty of a Class A offence. (3) A persons who engage a minor person, whether for remuneration to the minor or a third person or not, in the cultivation of cannabis plants, is guilty of a Class B offence. (4) A person who provides to a minor person, whether for remuneration or not, cannabis cultivation material or a cannabis plant, is guilty of a Class B offence. (5) A person who provides to a minor person, whether for remuneration or not, cannabis, is guilty of a Class A offence. (6) A person, other than a "medical practitioner" as defined in section 1 of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965), who administers cannabis to a minor person, with or without the permission of the minor person, is guilty of a Class A offence. (7) A person who smokes cannabis in a private place or public place in the immediate presence of a minor person, is guilty of a Class D offence.

Trafficable quantity offences

10. A person who— (a) possesses a trafficable quantity of cannabis cultivation material; (b) cultivates a trafficable quantity of cannabis plants; (c) possesses a trafficable quantity of cannabis in a public place; (d) possesses a trafficable quantity of cannabis in a private place; (e) provide to or obtain from another person, whether for remuneration or not, a trafficable quantity of— (i) cannabis plant cultivation material; or (ii) cannabis plants; or (f) provide to or obtain from another person, whether for remuneration or not, a trafficable quantity of cannabis, is guilty of a Class A offence.

Sentencing

11. A person who is convicted of— (a) a Class A offence is liable on conviction to a fine or to imprisonment for a period not exceeding eight years or to both a fine and such imprisonment; (b) a Class B offence is liable on conviction to a fine or to imprisonment for a period not exceeding six years or to both a fine and such imprisonment; (c) a Class C offence is liable on conviction to a fine or to imprisonment for a period not exceeding four years or to both a fine and such imprisonment; (d) a Class D offence is liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment; or (e) a Class E offence is liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.

Expungement of criminal records of persons convicted of possession or use of cannabis

12. (1) Where a court has convicted a person of a contravention of — (a) section 2(b) of the Abuse of Dependence-producing Substances and Rehabilitation Centres Act, 1971 (Act No. 41 of 1971), in that the person used or possessed the dependence-producing drug or plant of cannabis (dagga); (b) section 4(b) of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992), in that the person used or possessed the undesirable dependence-producing substance of cannabis (dagga); or (c) any law of the former Republic of South Africa, the former Republic of Transkei, Bophuthatswana, Ciskei or Venda, or in any former self-governing territory, as provided for in the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), before the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), that criminalise the use or possession of cannabis (dagga), the criminal record, containing the conviction and sentence in question, of that person in respect of that offence must be expunged automatically by the Criminal Record Centre of the South African Police Service. (2) Where the criminal record of a person referred to in subsection (1) has not been expunged automatically as provided for in that subsection, the criminal record of that person must, on his or her written application in the prescribed form and manner, be expunged. (3) The Director-General: Justice and Constitutional Development must, on receipt of the written application of an applicant referred to in subsection (2), issue a prescribed certificate of expungement, directing that the conviction and sentence of the person be expunged, if the Director-General is satisfied that the person complies with the criteria set out in subsection (1). (4) An applicant to whom a certificate of expungement has been issued as provided for in subsection (3) must, in the prescribed manner, submit the certificate to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with subsection (5). (5) (a) The head of the Criminal Record Centre of the South African Police Service or a senior person or persons at the rank of Director or above, employed at the Centre, who has or have been authorised, in writing, by the head of the Centre to do so, must expunge the criminal record of a person if he or she is furnished by the applicant with a certificate of expungement as provided for in subsection (3). (b) The head of the Criminal Record Centre of the South African Police Service must, on the written request of an applicant, in writing, confirm that the criminal record of the person has been expunged. (6) Where the Director-General: Justice and Constitutional Development, in terms of subsection (3), has issued a certificate of expungement, and it subsequently appears that the applicant did not qualify for the expungement of his or her criminal record, the Director-General must— (a) inform the applicant in writing of the information that has come to his or her attention and that he or she intends to revoke the certificate of expungement; (b) afford the applicant an opportunity to furnish compelling written reasons to him or her within 90 working days after he or she is informed of the intention to revoke, why his or her record should remain expunged; (c) inform the applicant in writing within 30 working days after a decision is made of— (i) his or her decision; and (ii) the reasons for revoking the certificate of expungement; and (d) inform the head of the Criminal Record Centre of the South African Police Service, in writing within 14 working days after the decision was made, to revoke the certificate of expungement and to reinstate the convictions and sentences in question. (7) If the applicant fails to furnish compelling reasons contemplated in subsection (6)(b), the Director-General may, subject to the Promotion of Administrative Justice Act, 2000 (Act No. 2 of 2000), revoke the certificate of expungement. (8) (a) The Director-General: Justice and Constitutional Development may delegate any power or assign any duty conferred upon or assigned to him or her in terms of subsection (3) or (6) to an appropriately qualified official in the employ of the Department of Justice and Constitutional Development at the rank of Deputy Director-General. (b) A delegation or assignment in terms of paragraph (a)— (i) is subject to any limitation, condition and direction which the Director-General may impose; (ii) must be in writing; and (iii) does not divest the Director-General of the responsibility concerning the exercise of the power or the performance of the duty. (c) The Director-General may— (i) confirm, vary or revoke any decision taken in consequence of a delegation or assignment in terms of this subsection, subject to any rights that may have accrued to a person as a result of the decision; and (ii) at any time, in writing, withdraw a delegation or assignment.

Regulations

13. (1) The Minister, in consultation with the Cabinet member responsible for policing, may make regulations to prescribe— (a) the manner of measuring immature cannabis plants as contemplated in section 1; (b) requirements or standards regarding the cultivation of cannabis plants in a private place for personal use as contemplated in section 5(2)(b); (c) requirement or standard regarding the storing of cannabis as contemplated in section 6(3)(b); (d) the distance from a window of, ventilation inlet of, doorway to or entrance into another place as contemplated in section 8(2)(a); or (e) any place where cannabis may not be consumed as contemplated in section 8(3). (2) The Minister— (a) must make regulations regarding— (i) the form on which a person's written application for the expungement of his or her criminal record must be made, as provided for in section 12(2); (ii) the certificate of expungement to be issued by the Director-General: Justice and Constitutional Development as provided for in section 12(3); and (iii) the manner in which the Director-General must submit certificates of expungement that have been issued, to the head of the Criminal Record Centre of the South African Police Service, as provided for in section 12(4); and (b) may make regulations regarding any other matter which is necessary or expedient in order to achieve the objects of section 12.

Repeal or amendment of laws

14. The laws mentioned in Schedule 5 are hereby amended to the extent reflected in the third Column of the Schedule.

Short title and commencement

15. This Act is called the Regulation of Cannabis Act, 2019, and comes into operation on a date fixed by the President by proclamation in the Gazette.

 

[Carmen Ray]

Alleged Leaked Dagga Bill South Africa 2019

In 2018 the South African Government gave a 2 year deadline for putting regulations into place.

They have just brought that forward by a year by introducing their October Plan. All concept material is supposed to be submitted by this coming October.

Fields Of Green For All, Department of Justice & Corrections, and the medical industry will be putting in their concepts.

There appears to be little or no input from the perspectives of social and economic development. The Justice & Corrections White Paper was leaked earlier this year.

It is very restrictive and if that is coupled with the Cannabis Club initiative, then as it turns out, it is not so simple to grow your own, gift to friends etc, as that would still be considered "dealing".

Yes, the Department of Justice & Corrections still refer to trade in dagga (cannabis) as "dealing".

Penalties for illegal use and distribution appear to be more stringent. Access to legal weed appears to diminish.

If you are a member of the proposed Cannabis Clubs, you have to submit audited books, stock registers and membership details, including personal information, to the State for policing!

Here is a copy of the leaked Bill white paper, allegedly written by Justice & Corrections:

REGULATION OF CANNABIS BILL 7 January 2019 X .

____________ (As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Government Gazette No. ………….. of …………. 2019) (The English text is the official text of the Bill) ____________

(MINISTER OF JUSTICE AND CORRECTIONAL SERVICES)

[B—2019]   BILL

Definitions and interpretation

1. In this Act, unless the context indicates otherwise— "adult person" means a natural person who is 18 years or older; ʺcannabisʺ means— (a) any substance containing THC; (b) any part of a cannabis plant, but exclude— (i) the seeds; (i) the stalk, without any leaf, fruit, flower, or branch; and (ii) the roots, of such a plant; "cannabis plant" means a plant of the genus Cannabis, but exclude "hemp"; "cannabis plant cultivation material" means viable seeds, seedlings and immature cannabis plants; "cannabis plant equivalent" means a quantity referred to in Column 2 of Schedule 1, in respect of any class of cannabis plant referred to in Column 1 of that Schedule which is deemed to be equivalent of one flowering cannabis plant; "consumption" or "consume" means to smoke, eat, drink or otherwise to self-administer cannabis; "cultivate" includes to plant, propagate, nurture, tend, grow or harvest a cannabis plant; "deal" means any conduct to facilitate the provisioning to, or obtaining from, another for the exchange of remuneration; "dried cannabis" means cannabis that has been subjected to a drying process and "to dry cannabis" must be interpreted accordingly; "dried cannabis equivalent" means a quantity referred to in Column 2 of Schedule 2, in respect of any class of cannabis referred to in Column 1 of that Schedule which is deemed to be equivalent to one gram of dried cannabis; "flowering cannabis plant" means the gametophytic or reproductive state of a cannabis plant in which the plant is in a light cycle intended to produce flowers, trichomes and cannabinoids characteristic of cannabis; "harvest" means to obtain or to dry "cannabis", from a cannabis plant; "hemp" means a plant of the genus Cannabis having no more than 0,2 percent THC; "immature cannabis plant" means a non-flowering cannabis plant that is not— (a) taller than 60 centimetres; and (b) wider than 40 centimetres, measured in accordance with the manner determined prescribed by regulation; "minor person" means a natural person who has not yet attained the age of 18 years; "Minister" means the Cabinet member responsible for the administration of justice; "person" means a legal person, an adult person and a minor person; "personal use" means for the exclusive use of an adult person; "private place" means any place, including a building, house, room, shed, hut, tent, mobile home, caravan, boat or land or any portion thereof, to which the public does not have access as of right; "public place" means any place to which the public has access as of right and includes a place open to public view; "remuneration" means any form of compensation, gift, reward, favour or benefit; "seeds" means viable seeds of a cannabis plant; "prescribed quantity" means for purposes of the sections referred to Column 1 of Schedule 3, the quantity that does not exceed the quantity of any class of cannabis plant cultivation material, cannabis plants or cannabis referred to in Column 2 of that Schedule; "THC" means (-)-trans-delta-9-tetrahydrocannabinol; and "trafficable quantity" means for purposes of the sections referred to Column 1 of Schedule 4, the quantity that exceeds the quantity of any class of cannabis plant cultivation material, cannabis plants or cannabis referred to in Column 2 of that Schedule, but which quantity is less than a commercial quantity.

Prescribed quantity for personal use

2. (1) An adult person may for personal use— (a) possess a prescribed quantity of cannabis plant cultivation material; (b) cultivate a prescribed quantity of cannabis plants in a private place; (c) possess a prescribed quantity of cannabis in a public place; and (d) possess a prescribed quantity of cannabis in a private place. (2) An adult person may consume cannabis in a private place. (3) An adult person may without the exchange of remuneration— (a) provide to; or (b) obtain from, another adult person, for personal use, a prescribed quantity of— (i) cannabis plant cultivation material; (ii) cannabis plants; or (iii) cannabis.

Legal person and minor persons

3. (1) Subject to any other law, a legal person who— (a) obtains, possesses or provides, whether for remuneration or not, cannabis cultivation material; (b) cultivates a cannabis plant; (c) obtains, possesses or provides, whether for remuneration or not, a cannabis plant; or (d) obtains, possesses or provides, whether for remuneration or not, cannabis, is guilty of a Class A offence. (2) A minor person who— (a) possess a prescribed quantity of cannabis plant cultivation material; (b) cultivate a prescribed quantity of cannabis plants in a private place; (c) possess a prescribed quantity of cannabis in a public place; (d) possess a prescribed quantity of cannabis in a private place; (e) consume cannabis in a private place; (f) without the exchange of remuneration provide to or obtains from another person, a prescribed quantity of— (i) cannabis plant cultivation material; (ii) cannabis plants; or (iii) cannabis, is guilty of a Class E offence.

Cannabis plant cultivation material offences

4. A person who is in possession for personal use of a quantity that exceeds the prescribed quantity contemplated in section 2(1)(a), but which is less than a trafficable quantity, of cannabis plant cultivation material, is guilty of a Class E offence.

Cultivation offences

5. (1) A person who in a private place for personal use, cultivates more than the prescribed quantity contemplated in section 2(1)(b), but less than a trafficable quantity, of cannabis plants, is guilty of a Class E offence. (2) A person who cultivates a cannabis plant at any place and who fails to— (a) take reasonable steps to ensure that the cannabis plant is inaccessible to a minor person; or (b) comply with any requirement or standard regarding the cultivation of cannabis plants in a private place for personal use as prescribed by regulation, is guilty of a Class D offence.

Possession offences

6. (1) A person who possesses for personal use in a public place more than the prescribed quantity contemplated in section 2(1)(c), but less than a trafficable quantity, of cannabis, is guilty of a Class D offence. (2) A person who possesses in a private place for personal use more than a prescribed quantity contemplated in section 2(1)(d), but less than a trafficable quantity, of cannabis, is guilty of a Class E offence. (3) A person who is in possession of any quantity of cannabis at any place and who fails to store such cannabis— (a) in a secure space that is inaccessible to a minor person; or (b) in a manner that does not comply with any requirement or standard regarding the storing of cannabis prescribed by regulation, is guilty of a Class D offence.

Offences regarding providing or obtaining

7. (1) An adult person— (a) who provides to; or (b) obtains from, an adult person, for personal use, without the exchange of remuneration a quantity that exceeds the prescribed quantity contemplated in section 2(3), but less than a trafficable quantity, of— (i) cannabis plant cultivation material; or (ii) cannabis plants, is guilty of a Class E offence. (2) An adult person— (a) who provides to; or (b) obtains from, an adult person, for personal use, for the exchange of remuneration, a quantity that is less than the prescribed quantity contemplated in section 2(3) of— (i) cannabis plant cultivation material; or (ii) cannabis plants, is guilty of a Class E offence.

(3) An adult person— (a) who provides to; or (b) obtains from, an adult person for the exchange of remuneration, a quantity that exceeds a prescribed quantity contemplated in section 2(3), but less than a trafficable quantity of— (i) cannabis plant cultivation material; or (ii) cannabis plants,

is guilty of a Class D offence.
(4) An adult person who provides to or obtains from an adult person for remuneration, a quantity that does not exceed the prescribed quantity of cannabis contemplated in section 2(3), is guilty of a Class C offence.

(5) An adult person who provides to or obtains from an adult person for the exchange of remuneration, a quantity that exceeds the prescribed quantity contemplated in section 2(3), but less than a trafficable quantity of cannabis, is guilty of a Class B offence

Consumption offences

8. (1) A person who consumes cannabis— (a) in a public place; or (b) in a private place in the presence of any non-consenting adult person, is guilty of a Class D offence. (2) A person who smokes cannabis in a private place— (a) within a distance prescribed by regulation from a window of, ventilation inlet of, doorway to or entrance into another place; or (b) forming part of any place where persons congregate within close proximity of one another and where the smoke is likely to cause a hindrance to any person at that place, is guilty of a Class D offence. (3) A person who consumes cannabis in, at or near any place prescribed by regulation, is guilty of a Class D offence.

Offences involving minor persons

9. (1) A person who has a minor person in his or her care or under his or her supervision or control, and who knowingly permit the minor person to— (a) possess cannabis cultivation material; (b) deal in cannabis cultivation material; (c) cultivate a cannabis plant; (d) possess cannabis; (e) deal in cannabis; or (f) consume cannabis, is guilty of a Class D offence. (2) A person who engage a minor person, whether for remuneration to the minor or a third person or not, to deal in— (a) cannabis; (b) cannabis cultivation material; or (c) cannabis plants, is guilty of a Class A offence. (3) A persons who engage a minor person, whether for remuneration to the minor or a third person or not, in the cultivation of cannabis plants, is guilty of a Class B offence. (4) A person who provides to a minor person, whether for remuneration or not, cannabis cultivation material or a cannabis plant, is guilty of a Class B offence. (5) A person who provides to a minor person, whether for remuneration or not, cannabis, is guilty of a Class A offence. (6) A person, other than a "medical practitioner" as defined in section 1 of the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965), who administers cannabis to a minor person, with or without the permission of the minor person, is guilty of a Class A offence. (7) A person who smokes cannabis in a private place or public place in the immediate presence of a minor person, is guilty of a Class D offence.

Trafficable quantity offences

10. A person who— (a) possesses a trafficable quantity of cannabis cultivation material; (b) cultivates a trafficable quantity of cannabis plants; (c) possesses a trafficable quantity of cannabis in a public place; (d) possesses a trafficable quantity of cannabis in a private place; (e) provide to or obtain from another person, whether for remuneration or not, a trafficable quantity of— (i) cannabis plant cultivation material; or (ii) cannabis plants; or (f) provide to or obtain from another person, whether for remuneration or not, a trafficable quantity of cannabis, is guilty of a Class A offence.

Sentencing

11. A person who is convicted of— (a) a Class A offence is liable on conviction to a fine or to imprisonment for a period not exceeding eight years or to both a fine and such imprisonment; (b) a Class B offence is liable on conviction to a fine or to imprisonment for a period not exceeding six years or to both a fine and such imprisonment; (c) a Class C offence is liable on conviction to a fine or to imprisonment for a period not exceeding four years or to both a fine and such imprisonment; (d) a Class D offence is liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment; or (e) a Class E offence is liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment.

Expungement of criminal records of persons convicted of possession or use of cannabis

12. (1) Where a court has convicted a person of a contravention of — (a) section 2(b) of the Abuse of Dependence-producing Substances and Rehabilitation Centres Act, 1971 (Act No. 41 of 1971), in that the person used or possessed the dependence-producing drug or plant of cannabis (dagga); (b) section 4(b) of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992), in that the person used or possessed the undesirable dependence-producing substance of cannabis (dagga); or (c) any law of the former Republic of South Africa, the former Republic of Transkei, Bophuthatswana, Ciskei or Venda, or in any former self-governing territory, as provided for in the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), before the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), that criminalise the use or possession of cannabis (dagga), the criminal record, containing the conviction and sentence in question, of that person in respect of that offence must be expunged automatically by the Criminal Record Centre of the South African Police Service. (2) Where the criminal record of a person referred to in subsection (1) has not been expunged automatically as provided for in that subsection, the criminal record of that person must, on his or her written application in the prescribed form and manner, be expunged. (3) The Director-General: Justice and Constitutional Development must, on receipt of the written application of an applicant referred to in subsection (2), issue a prescribed certificate of expungement, directing that the conviction and sentence of the person be expunged, if the Director-General is satisfied that the person complies with the criteria set out in subsection (1). (4) An applicant to whom a certificate of expungement has been issued as provided for in subsection (3) must, in the prescribed manner, submit the certificate to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with subsection (5). (5) (a) The head of the Criminal Record Centre of the South African Police Service or a senior person or persons at the rank of Director or above, employed at the Centre, who has or have been authorised, in writing, by the head of the Centre to do so, must expunge the criminal record of a person if he or she is furnished by the applicant with a certificate of expungement as provided for in subsection (3). (b) The head of the Criminal Record Centre of the South African Police Service must, on the written request of an applicant, in writing, confirm that the criminal record of the person has been expunged. (6) Where the Director-General: Justice and Constitutional Development, in terms of subsection (3), has issued a certificate of expungement, and it subsequently appears that the applicant did not qualify for the expungement of his or her criminal record, the Director-General must— (a) inform the applicant in writing of the information that has come to his or her attention and that he or she intends to revoke the certificate of expungement; (b) afford the applicant an opportunity to furnish compelling written reasons to him or her within 90 working days after he or she is informed of the intention to revoke, why his or her record should remain expunged; (c) inform the applicant in writing within 30 working days after a decision is made of— (i) his or her decision; and (ii) the reasons for revoking the certificate of expungement; and (d) inform the head of the Criminal Record Centre of the South African Police Service, in writing within 14 working days after the decision was made, to revoke the certificate of expungement and to reinstate the convictions and sentences in question. (7) If the applicant fails to furnish compelling reasons contemplated in subsection (6)(b), the Director-General may, subject to the Promotion of Administrative Justice Act, 2000 (Act No. 2 of 2000), revoke the certificate of expungement. (8) (a) The Director-General: Justice and Constitutional Development may delegate any power or assign any duty conferred upon or assigned to him or her in terms of subsection (3) or (6) to an appropriately qualified official in the employ of the Department of Justice and Constitutional Development at the rank of Deputy Director-General. (b) A delegation or assignment in terms of paragraph (a)— (i) is subject to any limitation, condition and direction which the Director-General may impose; (ii) must be in writing; and (iii) does not divest the Director-General of the responsibility concerning the exercise of the power or the performance of the duty. (c) The Director-General may— (i) confirm, vary or revoke any decision taken in consequence of a delegation or assignment in terms of this subsection, subject to any rights that may have accrued to a person as a result of the decision; and (ii) at any time, in writing, withdraw a delegation or assignment.

Regulations

13. (1) The Minister, in consultation with the Cabinet member responsible for policing, may make regulations to prescribe— (a) the manner of measuring immature cannabis plants as contemplated in section 1; (b) requirements or standards regarding the cultivation of cannabis plants in a private place for personal use as contemplated in section 5(2)(b); (c) requirement or standard regarding the storing of cannabis as contemplated in section 6(3)(b); (d) the distance from a window of, ventilation inlet of, doorway to or entrance into another place as contemplated in section 8(2)(a); or (e) any place where cannabis may not be consumed as contemplated in section 8(3). (2) The Minister— (a) must make regulations regarding— (i) the form on which a person's written application for the expungement of his or her criminal record must be made, as provided for in section 12(2); (ii) the certificate of expungement to be issued by the Director-General: Justice and Constitutional Development as provided for in section 12(3); and (iii) the manner in which the Director-General must submit certificates of expungement that have been issued, to the head of the Criminal Record Centre of the South African Police Service, as provided for in section 12(4); and (b) may make regulations regarding any other matter which is necessary or expedient in order to achieve the objects of section 12.

Repeal or amendment of laws

14. The laws mentioned in Schedule 5 are hereby amended to the extent reflected in the third Column of the Schedule.

Short title and commencement

15. This Act is called the Regulation of Cannabis Act, 2019, and comes into operation on a date fixed by the President by proclamation in the Gazette.

Not sure if this is the original or the amended version. We leaked the original and it is linked to this thread last year. It changed. They quantified things. It went before Parliament and is published for public comment. The Traditional Leaders and legacy growers have said that they are unhappy with it. This is a significant development and it will be important to watch developments going forward now. I am hoping that the slogan I developed in my activism last year will be adopted widely, and that is to Decolonize Dagga, i.e. end prohibition completely in a fairly regulated market in which all are able to participate. I see that Fields Of Green For All have adopted my slogan after fighting against it for a year. I think that is a good thing because it is a righteous slogan