South Africa Ends Arrests For Personal Cannabis Use And Possession

By Lucía Tedesco via El Planteo

South African law enforcement agents will no longer arrest people for personal cultivation or possession of cannabis. The South African Police Services (SAPS) issued a new order seeking to clarify confusing legislation in the enactment of cannabis laws since the 2018 Constitutional Court (ConCourt) ruling, known as Prince 3, decriminalizing personal use.

See Also: Cannabis In Europe, Legalization Debate, Hong Kong Bust, South Africa's Growing Industry

The instruction states that there is currently no legislation specifying the permitted amounts of marijuana for personal use and are no provisions to presume drug trafficking based on the amount of cannabis found in an individual's possession, according to Global Cannabis Time.

Emphasis On Privacy

Although more specific legislation is still pending, the new regulation prioritizes private space, defining it as any area not accessible to the public including inside a motor vehicle. It also states that small amounts dispensed by traditional, cultural or religious healers are considered private for personal possession.

Within this framework, SAPS members were advised to consult with the prosecutor's office to avoid illegal arrests. In fact, officers who fail to comply with the new instructions may face disciplinary action.

South Africa is thus showing continuous efforts toward a progressive legal cannabis landscape that represents advances in citizens' rights. 

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Photo: Benzinga edit with photo created with MidJourney and Hudozhnica_Ananas on Shutterstock.

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