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South Africa celebrating !!

zifozonke

Member
https://www.timeslive.co.za/news/south-africa/2018-09-18-ban-on-private-use-of-dagga-at-home-is-ruled-unconstitutional/

....about time....

Hats off to all those who have not given up the fight for the rights of ALL ...:tiphat::woohoo:
 
W

Water-

"JOHANNESBURG, South Africa -- South Africa's top court says adults can use marijuana in private. The Constitutional Court on Tuesday upheld a provincial court's ruling in a case involving Gareth Prince, who advocates the decriminalization of the drug.

Prince says cannabis should be regulated in the same way as alcohol and tobacco. Government authorities have said cannabis is harmful and should be illegal.

The top court says an adult can cultivate cannabis in "a private place" as long as it is for personal consumption in private. It says the right to privacy "extends beyond the boundaries of a home."

The court says it would be up to a police officer to decide if the amount of marijuana in someone's possession is for dealing or personal consumption. "
 

Hort1

Member
It means very little to me if they don't do anything about previous weed related criminal convictions.Just think of all our brothers and sisters who's lives are forever fucked by criminal records relating to weed.
 

gaiusmarius

me
Veteran
wow, not bad. if the cop can decide, you can probably just bribe him to agree that its a personal amount how ever many plants lol.
 
W

Water-

Congrats South Afrca!


Durban is just a hair North if I recall correctly.

Durban is a city in South Africa.

Pretty women, good waves and a chill vibe compared to other SA cities.

---

"The country’s highest court found that country’s laws on drugs and medicine went against the constitution’s right to privacy and the “personal use” of dagga, as it’s known in South Africa.

“The right to privacy is not confined to a home or private dwelling,” ruled deputy chief justice Raymond Zondo. “It will not be a criminal offense for an adult person to use or be in possession of cannabis in private space.”

The judgement must now be enacted in parliament, where the day-to-day implications will be tested. The case was brought to the Constitutional Court by a group of activists who have faced arrest for personal use, as well as the group Doctors For Life.

“A police officer would have to consider all the circumstances including the quantity of cannabis found in an adult person’s possession,” the judgment said, adding that a court would ultimately decide intention to deal, which is still illegal.

Yet, while South Africa grapples with the gray areas around the judgment, the decision is a boon for the nascent marijuana industry in neighboring countries. Last year, Lesotho became the first African country to grant licenses for the medicinal cultivation of marijuana.

Lesotho’s cannabis farms already exist primarily to supply its much larger neighbor. After aid and remittances from workers in South Africa, marijuana was the third largest source of hard currency, according to a report by Unesco (PDF). A later study (PDF) by the United Nations Office on Drugs and Crime also found that 70% of the weed entering South Africa originated in Lesotho.

ESwatini (formerly Swaziland), known for its higher potency strain, is also considering legalizing what is already a lucrative export market. Many families in impoverished eSwatini have turned to growing weed, which is then exported to South Africa and Mozambique. Cannabis cultivation has the potential to triple Swaziland’s GDP, with an estimated annual income of $1.26 billion—26 times higher than sugar exports.

Zimbabwe tried to follow suit by legalizing cannabis farming in May this year, but has had roll back the decision after outcry from more conservative sections of the country.

Malawi started experimenting with growing hemp two years ago already, with the aim of turning it into a cash crop. While chamba (the local name for pot) may still be illegal, the success of the hemp trials is seen by some as the country’s move to legalizing marijuana cultivation for the sake of the economy."
 
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Mr. Greengenes

Re-incarnated Senior Member
ICMag Donor
Veteran
Congratulations South Africa!

Durban, SA is -29.858 latitude which is roughly same distance from the equator as Houston, Texas at 29.758
 

ahortator

Well-known member
Veteran
Congratulations!

But where are all those good early sativa strains as Durban Poison, Transkei, Ciskei, an so good sweet aniseed tasting buds with soaring electric high?
 

maryjaneismyfre

Well-known member
Veteran
https://www.icmag.com/ic/showthread.php?t=246260

"The Law in SA"

Don't want to tell ya'all that I told you so..but I did hahahaha

Been lawful since '96 if you could read one document and digest a little bit of legalese..Lots more is legal too.. ;) It is just about having the balls to stand up for yourself and relying on the highest law of the land to be respected by the rest..I never in the above post went into the right to privacy, but any and all were applicable in having a charge challenged ending up the the lower law being made redundant and recognized as being unlawful. Basic law. I am no lawyer but spotted in the late 90's that the lower laws were ucnconstitutional and acted according, as the law says I should, which is that the then current lower drugs laws did not exist! he he hahaMy legal argument has been shown to be correct by the deputy chief justice and his best team..stoked. It is not just weed that is legal..;) It is all just waiting for someone with balls and deep pockets for lawyers to have a court recognize that..
 
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maryjaneismyfre

Well-known member
Veteran
If I bathe in my oil some more than 3kg is required for that, ten times that is not enough but hey.. the police set the limits for arrest at 3kg..I know of people that have already gotten off for more in the courts so they set the limit until set in law by parliament and then challenged in court and finally settled on..The police will not harrass you for less than 3kg which is pretty nice, you can fly local with less than that and have no issues theorically..;)
 

maryjaneismyfre

Well-known member
Veteran
At least you can smoke at home now........


Your right to privacy extends to the sanctity of your mind as the judge recognized hence being your person, and so extends to wherever you are, even in public, if being private and not bothering anyone. This does not extend to smoking among non smokers which is infringing on their rights to not be around dope in public and their private capacity. Ie. If you are on your own and bothering no-one in public, no-one can approach you and give you grief. If though you are in a clear public space among non-smokers and/or children, you cannot light up like you cannot go and get drunk and make a fool either in public..but you can sit somewhere and have a quiet tipple if you are bothering no-one and you have the right for no-one to come bother you..you can smoke in public but you have to respect other peoples privacy and right to not be exposed to the weed, same they have to respect yours. So if on a mountain top, and on your own, away from where others are, someone cannot come into your space and give you lip. You could charge them with harrasment. If though you are sitting on the clear path and families are walking past then you can get arrested for being a public nuisance for smoking up a storm. Same with getting drunk.

SA drives one mad sometimes, but sometimes you gotta love it..Viva South Africa Viva!
 

christosescapos

New member
Human right recognised.

Human right recognised.

Finally, very happy for them, glad that light is shone on the 'human rights' aspect, no law or prohibition against cannabis can now stand in any country and defy simple logic. The 'statutes' against cannabis all over the world quite simply violate our human rights. This was the argument raised in Mexico a while back when a couple of guys did a test case and won there on this argument. Simple prohibition of cannabis violates our human rights, the system knows this and is just a matter or time when legal everywhere, also another note on Canada and 'allowing' people there there to grow 4 plants each, they cant really rule on the amount of plants either, its a yes or no situation , not 'how much' yes or no, people need to learn their rights and use them and not wait for the authorities to grant them to us. Great news though and lets hope its worldwide by the end of the week as I'm sure there will be more 'test cases' reaching the courts now.
 

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