The SANDF and the Western Cape government have expressed their reservations over the bill which decriminalizes cannabis for private use by adult persons.
The SANDF and the Western Cape government have expressed their reservations over the bill which decriminalizes cannabis for private use by adult persons.
This emerged on Thursday when the select committee on security and justice considered the submissions received from members of the public.
The National Council of Provinces received 46 written submissions when it put up the bill for public comment in December. Submissions closed last Friday.
Parliament has until September 2024 to fix the Drugs and Drug Trafficking Act which was found unconstitutional for criminalising use or possession of cannabis by an adult in private for that adult’s personal consumption in 2018.
Deputy Justice Minister John Jeffery said the bill attempted to go as wide as possible to effectively decriminalise cannabis by taking it from the Drugs and Trafficking Act.
He noted that many of the submissions were around the fact that there was no cultivation expressed provision in the proposed law.
“Cultivation is allowed with provision that the Minister of Justice will determine the amount of plants that can be cultivated,” Jeffery said.
In its submission, the SANDF said there were far more serious risks owing to much more onerous duties placed on members of SANDF to allow them to use cannabis privately while in service and on active duty of the defence force.
“The risks associated with members being under the influence of intoxicating drugs may result in injury or death to not only members but to the greater public,” reads the SANDF submission as read by a Department of Justice official.
The Defence Force said the Constitutional Court judgment did not provide an interpretation as to the cultivation, possession or use of cannabis in private.
The SANDF said its main problem was that there were live-in quarters or official housing on its premises which housed soldiers and their families.
“The live-in quarters, in our view will constitute the private place of the members and such a member will have protection under the bill unless policies of SANDF specifically prohibit the use of cannabis within the live-in quarters.”
But, the Department of Justice and Constitutional Development said it would be unconstitutional if SANDF were to prohibit its members from using cannabis in their private places.
“The bill operates equally to all in the country, including members of SANDF even if they are still on active duty.
“However, the bill does not permit members to use cannabis while on duty.”
Meanwhile, the Western Cape government noted that the bill contemplated an adult may possess but may not use cannabis in public.
“While it serves to protect the right of an adult person to use cannabis for a private purpose, does this mean that an adult person may only possess cannabis in a public place or must the cannabis at least be concealed from view, for example from learners at school or from members of the public?”
The Department of Justice said: “The legislation on cannabis as per the Prince judgment is to permit possession of cannabis for private purpose in private.
“There must be concealment from the public.”
A member of the public said cannabis already enslaves so many users.
“Making it legal and available to everyone will potentially risk enslaving more people with the risk of increased criminal activities,” the submission read.
Another member of the public said: “You can't take away our right to grow cannabis as this is more like trying to tell farmers to stop farming food.”
Another submission detailed that as a dealer and user, the person saw a unique opportunity to foster job creation, economic growth and the development of a more inclusive and forward thinking industry.
“A regulated cannabis industry has the power to be a significant driver of job creation. Legalizing and regulating cannabis can transform an underground economy into a legitimate and thriving sector providing employment opportunities at every level of the supply chain from cultivation and processing to distribution and retail,” the submission read.
Cape Times