South African Police Will No Longer Arrest for Personal Cannabis Possession, Directive States
South Africa has taken a step towards reducing the fears of cannabis users with a new directive issued by the South African Police Services (Saps). The directive states that police can no longer arrest individuals for the personal cultivation and possession of cannabis. This comes as a relief to many South Africans who still felt threatened by the possibility of being arrested despite the decriminalization of personal cannabis use in 2018.
One individual who grows cannabis for personal use expressed their concerns, particularly regarding the potential for corruption among police officials. While they are not afraid of possessing cannabis due to the legality of personal use, they still fear encountering corrupt officers. However, the new directive may help alleviate these fears.
The directive, issued on August 23, 2023, has been confirmed as authentic by the national police spokesperson, Colonel Athlenda Mathe. This move by the state is seen as one of the most proactive steps taken since the Constitutional Court decriminalized personal cannabis usage in 2018.
Richard Chemaly, a high court lawyer, believes that the directive was necessary to address the confusion surrounding the law, as different police stations were enforcing it inconsistently. With the growing cannabis community in South Africa, it became apparent that the treatment of cannabis users needed to be more uniform.
It’s important to note, however, that the directive is not hard law and remains an internal document. While it provides a clearer idea of when arrests will or won’t be made, it is not a guarantee. Chemaly advises caution before users assume complete safety. Nevertheless, the directive brings some much-needed clarity to a cannabis industry that has struggled to interpret the law accurately.
The decriminalization of personal cannabis use in South Africa, known as Prince 3, raised questions about the legal position regarding cultivation and possession. While personal use has been decriminalized, dealing in cannabis is still prohibited until Parliament changes the legislation. This includes activities related to transshipment, importation, cultivation (except for personal use within a private space), collection, manufacture, supply, prescription, administration, sale, transmission, and exportation of the drug.
The lack of quantification and definition surrounding the concept of personal and private consumption has put the South African Police Services at risk of facing civil claims for unlawful arrests or detentions. The directive acknowledges this risk and requests that police members liaise with the prosecuting authority before making arrests. Furthermore, it clarifies that a private space refers to any space to which the public does not have access as a matter of right.
In conclusion, the directive from the South African Police Services marks a significant development in clarifying the legal position on personal cannabis possession and cultivation. While it is not hard law, its issuance signifies a more uniform approach by the police. The hope is that this directive will bring some peace of mind to cannabis users in South Africa and deter corruption within the police force, allowing individuals to exercise their rights without fear of unnecessary arrests.
