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Decrypting the decriminalisation of dagga

Local attorneys Ajeesh Lalparsad and Nitesh Sathu spoke to the Estcourt News last week and provided insight and background information about this ruling.

The key elements of the ruling are:

  1. Legislation cannot prohibit private individuals from using or possessing cannabis in private. This means that Section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 and Section 22(A) (9) (a) (i) of the Medicines and Related Substances Control Act 101 of 1965 “are inconsistent with the right to privacy entrenched in Section 14 of the Constitution and, therefore, invalid to the extent that they make the use or possession of cannabis in private by an adult person for his or her own consumption a criminal offence.”
  2. Cannabis may be cultivated in a “private place” for personal consumption. In terms of the ruling, provisions of Section 5(b) of the Drugs and Drug Trafficking Act 140 of 1992 “are inconsistent with the right to privacy entrenched in Section 14 of the Constitution and, are therefore constitutionally invalid to the extent that they prohibit the cultivation of cannabis by an adult in a private place for his or her personal consumption in private.”
  3. The operation of these two orders is suspended for two years in order to enable Parliament to rectify the constitutional defects.
  4. Smoking marijuana in public is not permitted. The judgement repeatedly states that the ruling only applies to private use of marijuana, ruling out public consumption of the drug.
  5. The order is clear that only cultivation of marijuana for private use should be allowed ruling out any commercial cultivation of the drug. The official position of the Central Drug Authority is that dagga should be decriminalised. The reasoning is that criminalisation has been shown to have little effect on the prevalence of drug use, and that decriminalisation could improve public health.

In 2016, The South African regulatory body for drugs, the Medicines Control Council, published regulations providing for the use of dagga for medical reasons.

After systematic review of scientific studies on cannabis, the Medicine Research Council concluded that there was evidence that cannabinoids could be used to treat chronic pain and spasticity in multiple sclerosis.

On March 31, 2017, in a case before the Western Cape High Court, presiding Judge Dennis Davis ruled that any law disallowing the use and cultivation of cannabis by an adult in a private dwelling was unconstitutional and therefore invalid, on the grounds that such infringement of the constitutional right to privacy was not justified.

This decision needed to be confirmed by the Constitutional Court before taking effect. In the interim, the court held that prosecutions arising from transgressions of the laws in question should be stayed.

The judge further ordered that “it will be deemed to be a defence that the use, possession, purchase or cultivation of cannabis in a private dwelling is for the personal consumption of an adult accused.”

On September 18, 2018, the full bench at the Constitutional Court ruled that adults had the right to privacy as enshrined in the Constitution as such were entitled to grow and consume cannabis in the privacy of their homes or any area that could be described as private.

No limits were placed on quantities that adults would be allowed to carry, consume or grow and said that Parliament would have to decide, once a Bill was drawn up, to accommodate these recommended changes.

The government has been given 24 months to implement the landmark ruling findings. As the legislation will be populated within the next 24 months, accused persons with pending cases, may approach the Director of Public Prosecutions with representations to have the cases withdrawn, provided that their matters fall within the ambit of this ruling.

It is unlikely that new matters involving transgressions that fall within the ambit of this ruling, will be prosecuted.

This article first appeared on Estcourt News.

Daggafarians left in limbo

The police confirmed it has issued a directive on how to go forward dealing with dagga arrests but have not released any information regarding the details.  Thus leaving the entire dagga culture, including every daggafarian as well as every South African in limbo.

What if the Dagga Couple is right?

Maybe the Dagga Couple was right after all or just maybe it is an elaborate hoax. One thing is for certain; without an official public statement from the police, possessing large quantities of dagga is a gamble.

In the first scenario, which sounds too good to be true, it could possibly be that the Hawks did not want dagga peddlers to know the magical number they can use to fly under the radar to avoid arrests, by keeping their supply to less than 3kg per peddler.

In that case it could be wise for peddlers to adjust their supply accordingly, however, as demonstrated by a lady who was arrested a few days ago for just 1.5kg it is not a guarantee that the procedures set out in the “leaked” document is being applied by all police stations across South Africa or whether they issued an entirely different directive.

In the end, the decision to arrest a person for dagga is left to the judgement of the arresting officer. The use of dagga in public places is still illegal and you can get yourself arrested.

No more arrests, just a summons

Lieutenant General Khehla Sitole told the Mail & Gaurdian that the police should, (instead of making an arrest), rather register a criminal case docket and issue a summons or written notice for the suspect to appear in court.

Read our previous article Dagga Couple’s HotBox Hosts Duped.

For more information see IOL, News24 & M&G

Dagga Couple maintains fake document is real

In a live video conference with Renaldo Gouws, on Sunday evening, the Dagga Couple continue to believe that the fake police document is real.

Dagga Magazine could not find any official police documents to confirm that a Colonel M. H. J. van Staden is actually employed by the South African Police Service.

Julian “Jules” Stobbs said: “We actually spoke to Colonel van Staden, he said this was not a legal document, but it was a legitimate police directive. It hasn’t changed the law. It was just putting down on paper the modus operandi going forward. Two days later they completely back paddled on the whole thing. Maybe that Colonel is a Constable today. We don’t know. [breaks out in laughter]”

News24, The Citizen, OFM, The Stock Voice, Briefly and Tswelopele Municipality have reported that the document is “fake and gay”.

Dagga Couple’s HotBox Hosts Duped

On episode 51 of the Dagga Couple’s The HotBox Show, the hosts are duped during a live broadcast into believing a fraudulent memorandum claiming to be from the police was real, when it was indeed a fake.

The female host read aloud the memo highlights calling for the police to stop arresting people for dealing and possession for dagga less than 3kg. The entire crew along with the hosts celebrates. They then thank a certain Rob for sending them the document.

Later in the show one of the hosts, William “Buzz” Wallace of The High Co, asks: “who has the balls to call Colonel van Staden, using the number on the document, to confirm it’s authenticity?”

One of the crew members call the number and speak to a male who then impersonates an officer of the law and commits fraud for a second time when he confirms that his memo is legitimate police documents.

Dagga Magazine did not receive feedback from the police by the time of publication of our first article, #PrivateDagga limited to 3kg. We only became aware of the fraud when News24 picked up on our story, so did The Citizen.

According to the article by News24 the police will not be investigating this criminal act but may continue to arrest people for dagga when they want to.

Read our newer article Daggafarians left in limbo.

#PrivateDagga limited to 3kg

Please read our latest article, Dagga Couple’s HotBox Hosts Duped.

In a memorandum sent to station commanders by Col. D.R Mangena, the provincial head of operations of the South African Police Service, have requested that police officers stop arresting suspects for possession of dagga. They have also set a limit of 3kg per person before any police officer can arrest a suspect for dealing or possession of dagga.

This change is set to take immediate effect.

Police stop dagga arrests and set 3kg limit per person.

Dagga Legal In Privacy of Homes?

The saying “Dagga is legal in my house” now carries the full weight of the law behind it Well sort of, you may use the ruling for private dagga rights when you appear in court on dagga charges.

The long anticipated judgement in the Western Cape High Court has ruled various sections of the apartheid engineered Drug & Trafficking Act of 1992 unconstitutional.

A gang of government departments, including the South African Police, have appealed the decision made by judge Dennis Davis in 2017.  The Trial of the plant was due to continue in the Constitutional Court of South Africa by the second quarter of 2018 but no commencement date has been announced.

What does all of this mean for Daggafarians?

We can still get arrested for having, selling or growing dagga at our homes. The Drug & Trafficking Act still applies and the police have chosen to ignore the ruling and no changes have been made to police procedures.

However if you should get arrested for dagga at your home you can use the ruling for private dagga rights when you appear in court.

What could legal “Private Dagga” mean for daggafarians?

If the 11 judges dismiss the State’s appeal in the proceedings the judgment legalising the private cultivation, possession and use of dagga must be upheld and the Drug & Trafficking Act of 1992 must be amended.

The commercialization and industrialization of dagga will remain mostly illegal and inaccessible to the average person. None the less a ruling in favor of #PrivateDagga will be a victory in the #DaggaRevolution as you would now have the right to grow, possess and use dagga in your private capacity.

This victory would break down the stigma. It’s now OK to be #daggafari. We are no longer seen as criminals in the eyes of the law and even employer health policies must make accommodations because no longer could you be fired for merely testing #DaggaPositive.

The minister of police would have to issue an immediate mandate to all their departments notifying them that they may no longer affect the arrest of #daggafarians who grow, posses or use dagga in their private capacity.

Some of the technicalities must still be smoked out. Where will you be allowed to grow, use and posses dagga? The current assumption is that your privacy is only limited to your home however this is untrue. An example of this is when you are in public the contents of your pockets are also private without a search warrant, so is your vehicle. On privately owned property your #DaggaRights will also be protected, that is if the owner of the property does not mind the smell of dagga and leaves you standing with a lit joint on the pavement after calling the police. 😀

You would lawfully be allowed to grow, transport and use dagga in any private space without fear of persecution as long as you do not commercialise and monetise it.

Only when the Drug & Trafficking Act is changed would we be able to say with certainty how victorious we were on this day (07/11/2017).


Fields of Green for All shares equal equity, justice for sale & the Weedstock blunder.

#FairCop: “#StopTheCops: (Only when the) money is secure, (Shindlers) attorneys will let you use their name to say that you got to stop the cops and when you stop the cops it is going to be a publicity feast! – #DaggaCoupleCouncil – Robin Stransham-Ford

In this article we take an in-depth look at the Fields of Green for All ‘FairCop’ Meeting held in Cape Town on the 14th of January 2015 and how aspects of this meeting leads to the speculation of the planned failure to host one of the biggest dagga cultural events in the history of South Africa as a possible publicity stunt to gain support for one organization’s bid to raise funds for the Trial of The Plant.

Various affiliates in attendance of FOGFA #FairCop meeting in Cape Town.

FairCop meeting: Daggafarians’ justice for sale.
Robin Stransham-Ford leading the presentation in the presence of Myrtle, Jeremy David Acton, Tony Budden and others: “Here is the challenge, after Prince you can’t do it. It’s been decided the international court of human rights and I said we can. I went to see these folks (Dagga Couple) and said just not on your sovereign right to get stoned, I agreed it isn’t good enough you have a bright young lawyer who is now my second in command on the second tier of the challenge, as a university student he said on a comparative test how can you ban cannabis and allow alcohol and tobacco and he was a kid then they spotted his article, his brother needs cannabis 4 to 5 times a day because he is an epileptic and he manages one of the top firms in Johannesburg these are the people we need, this man here *pointing to Jeremy David Acton* the man of the Dagga Party, this man here *pointing to Tony Budden* who knows how to build bricks with it (dagga), these people *pointing to Myrtle of Dagga Couple* who have the individual sovereignty to challenge this and then work for it and they make it easy for everybody else to fall in line is as an exercise of sovereignty. Our ultimate aim, ‘Pinky’ (& the Brain) is to have 24 hour a day running referendum of all the big issues not the little local political issues, the issues that effect the world and at 24 hour a day running referendum called a lo(lotto), running lotto which just eats up my (money?), monetize it, digitize it, do the maths, join the dots, that won’t take long.

But I say if we can’t get this right we certainly can’t do anything about the government that we so rightly deserve in this country that we definitely got, so this challenge sets the mark for all of that but Mr Prince won’t come on board, why? Well he doesn’t trust lawyers, Why cause he went all the way to the International Court and, well he had the two top Council Tengrove and Chastelleson and they gave it away on the first day because they said the applicants can see that there are good grounds for the laws prohibiting cannabis. Now how do I drag them back from that and do this (#FairCop) again when everybody told me it can’t be done. I am going to show you. We have the challenge, now what we’ve said is there are 250 courts around the country, 4 bust a court that’s 1000 a day, what we said is a thousand people being prejudiced by these laws and we’ve gone to challenge it Constitutionally in the face of Prince that is a massive achievement, because that means one judge and it had to be this judge one judge had to say wait a minute the Constitutional court and the international court could be wrong on the issue of individual sovereignty, and is what they raised, so now we are going to bring the whole army to that battle this is how we are doing it we now say all the courts around the country, we are saying we have leave to challenge so stay the persecution and that’s for 25 grand, 5 grand goes to her *points to Myrtle*, 20 grand goes to the attorney and the attorney splits with me, I appear he (the dagga accused or attorney?) doesn’t go anywhere. Why can’t we get the lawyers, she know more about it than the lawyers do, why won’t they do it, and I know the four top lawyers in South Africa and they won’t do it because 25 grand plays 250 grand for the magistrate’s cut court trail alone and I’ve talked to them about it and they tell me well you can’t tell me how to run a practise this is crazy there is a law it has already been decided at the constitution, so they won’t hear cause it has already been decided at the Constitutional court. So that is not getting us far enough and then we put them together, Sharon & Myrtle and Sharon she is having a fit this is all very well to stay the prosecution but what about the kids, the ones I show you the ECG reports on who are having 70 seizures an hour they can’t do anything, the neurologist but with cannabis the child in 30 seconds whimpers and goes to sleep, what about those people who’s children may die. I say great that is exactly what I need. A child has a right to life. And an affidavit from his mother and she says *points to Myrtle* what about my guys, your guys haven’t been bust yet, what about my guys they have been bust, one guy shot himself and the other had died of an heart attack so violent was it now they charged with racketeering, and they had to go, twice from bail lost last time they got lucky because the judge said the magistrate said he’s not giving reason because he doesn’t want to come back from holidays that’s ok out on bail not because of the merits. So now what do we need? I can see the dilemma that her patients are in *pointing to Sharon* and *points to Myrtle* her clients are in, and I can see why there is antipathy between them.

So what do I come up with, I come up with Stop The Cops and that I say you can get started at a 100 and a maximum 500 and I haven’t done and Shindlers injustice but in anyway that is to start work. *someone interrupts asking if they can ask a quick question, Robin interrupts and says* Don’t ask questions! You can ask questions when I finished, I need what do I need here, I got these people they the brass bust is one of the biggest bust, Myrtle can fill you in on the details *Myrtle acknowledges* These kids are the most exposed that we have in the nation and cannabis is most effective there their medical case, their argument for property, privacy and right to life are all in one application, I’ve already made the Constitutional case against the laws. And the first thing I’ll say is Tengrove and Chastelleson and the International Court are all wrong because they took too narrow a view. And right across the country that’s gonna hit the lines, right across the world its going to be headlines. Because what do we say *taps on whiteboard*, all the attorneys tell me that they are not really interested in this business when I call them on trial but for the bail and the preliminaries let the cops take that because we can’t compete with them because they know what our fees are so they enrich themselves when they do the bust they steal everything they can they don’t account for anything they roll you over why don’t you shoot yourself fine let’s have another joint that’s what happening and that is a persecution. And what do we do there? We achieve such a, 99% of the resources against drugs are going against cannabis its the low hanging fruit, what does that tell you, it tells you corruption in one fell swoop were saying the Minister of Police must show cause why summons should not be issued in every case, second the Minister of Police must give instructions to the commissioner that all policemen that affect cannabis busts must give a strict account of the inventory which must be signed by the accused after summons is issued and then the Minister of Police must show cause why he should continue to allow the constabulary to occur liabilities at a thousand a day at anywhere from R10 000 to millions of Rands of damage caused to the people’s person, property, careers, privacy, right to dignity all of these things. Because what we are doing to do through them is we are going to lawyer every single one from now on that is your biggest selling point because its going out to the press that we are going to say not just join the queue, join the queue yes but join the queue to sue the government if they don’t do this. I need that out by the end of January (2015).

Because if he ever gets allowed to speak the president is going to talk about cannabis the medical innovation bill and I want him to say what I have ask for to say which is as much as I need to do or I go to Singh who goes to Mbeti I get the message across they want this as much as we do we want them to say a sensible thing so we come up with a plan and we give them the sensible thing to do and that is to say let the sovereigns grow just like they’ve done in America all over the ancient and indigenous lands industrially as far as horticulture we’ve got a pilot project, the Ndwedwe project it’s in Durban its going to grow horticulture cannabis and we are going turnout a platform a modal that we can roll out throughout the country and the world. That’s a far sighted state thing to do that earns votes and also gains employment, if I have done this *points to whiteboard* he’s got to do it, hasn’t he? Because he can’t enforce anything else anyway. Are you following me, anybody? I am just seeing nothing here am I getting any response at all. *someone says they are not following 100% on where Robin is on Stop The Cops, Myrtle replies and says she will go through it later in the meeting and Robin continues*

All I am saying is everything else, funny season is over the junketing forget that let’s get down to business this has got to be done now. And it’s got to be done now before the state of the nation address on the 12th and she needs to be able to tell the attorneys ok I have the money secure because only then will the attorneys let you use their name to say that you got to stop the cops and when to stop the cops it is going to be a publicity feast that makes it easy to fund this *points to the Constitutional challenge* that puts us on every medium that you can, look what the support that grows for you in the indigenous community on a thousand bust a day. I mean I am talking about exercise the most power that comes from the clarity, ok, not from any person or agenda. *tosses marker on table* I am the dying guy I am the rare resource, I am the man on point, I am on council. Between you *pointing at everyone* don’t think about anything else except getting money. And if I don’t Shuttleworth he is finished, Masepe he’s out, these people don’t respond their finished you can probably go to your friends and family and raise the R300 000. So let’s not have any influence mongering, influence peddling, politicking or anything like that. These girls together with Nonsie they got to get around to the rest of the continent and the planet and they’ve got to do it from pristine point of view not cutting side deals for themselves. Do you understand. Whatever you do, I mean if somebody runs a transport company or somebody does (something else) that it is all done at arms length.

What I would like to know is where is Dankowitz *someone answers he is right on board with us to which Robin exclaims* No! Where is he, I asked for him to be here. *Someone answers that he didn’t have the meeting on his schedule to which Robin asked* Why not? *person responds by saying they did explain to him but Robin interrupts* ok ill, because Dankoiwit is not that I need to see Dankowitz, Dankowitz needs to hear this. Because I specially asked for Dankowitz because Dankowitz he is, he’s friend you know Dutch Peet has already spoken to Sharon in my presence all bout profit funds for not this but for the challenge it should be so much easier to get him to buy into this *point to #FairCop on whiteboard* what I am saying is Dankowitz is in touch with him all’o the time. OK, sorry over to you *Robin steps down and Myrtle takes over presentation.*”

The following are excerpts from Myrtle’s presentation.

“It took us a year to setup (Fields of Green for All) non profit company and it’s your NPO, it’s not mine & Julian’s or mine and the directors it’s yours. If you see a role that you can play in it then please use it, use the registration of the NPO wherever you need to use it, nobody need to register a other one unless it is for another purpose, but this is the evidence provider for the trial of the plant, and the Constitutional challenge is the Apex of what we are aiming at”

“Where there is equal equity, the law must prevail.”- Quote from legal dictionary.

“Again thank goodness we are not on our own (in the battle for dagga rights), we have Dagga Couple partners, we have Field’s of Green for All affiliates, Alwyn from the South African National Cannabis Working Group, we have people like Below The Lion Headshop, Puff who sell the bongs, we have a whole list of people who take care of social activism, take care of the general public and make sure the general public don’t squabble amongst themselves too much about the issues at hand.”

“The Green Network (forum) is something that we setup on our Fields of Green for All website (hosted) on a secure German server, If there is any important issue we that we want to discuss and we want to keep it secure, it would be very difficult for them to watch us on there”

“#JoinTheQueue: it doesn’t matter if you have one joint or 5000 kgs of dried plant you can join the queue, you can put in a notice of motion with the high court that you intend to sue the government so they must stay your prosecution so that you can sue the government so you can join us and Jeremy and Garreth Prince and everybody else who’s got cases, so that your case doesn’t go to trial.” – Myrtle Clarke of the Dagga Couple

“There was a raid on (a million Rand Daggafarian-family dagga business consisting of) 8 different properties in the greater Gaugteng area, 11 people were arrested and all sent to jail, two of those people died. The one man didn’t get his heart medication from his girlfriend (in jail) and died of heart attack in hospital, the other man was granted bail, 6 of the 11 were granted bail, but he was the owner of one of the properties in Hartbeespoortdam where the nursery and 500kg of dried plant material were found, and he freaked out and shot himself. So that is really not acceptable and five of the family members spent 44 days in jail, while they were there the warders and the people in prison could not believe they were locked up for a cannabis charge for such a long time, and the reason they were in there for such a long time is because the police wants their money! They came out of jail the police now have 11 vehicles, they have 8 properties, they have all their cash and all their bank accounts and everything and it’s a travesty. So between Sharon’s amazing work with the children, ok on the one side and this awful experience of this family of the two people dying on the other our Join The Queue precedence in the middle we’ve got an amazing case, we can sing the praises of the case wherever but the one thing we don’t have is the money in order to bring this application, I would say it could be R300 000 and when you think that it cost this family R300 000 with their lawyer in order to get them out. *smirks* And we need R300 000 to stop the cops. *Myrtle concludes this part of the presentation.*” – Myrtle Clarke of the Dagga Couple

After Myrtle’s presentation a question and answer session was held

Screencap during Q&A

Robin responds to question about what #FairCop is: “What do we effectively do when we stop the cops: 1 we stop corruption because 99% of police doing drugs (or busts) are on cannabis, it’s no hanging fruit, we stop the theft, we stop the deaths, all that sort of thing, at the grassroots level what do we do, we cancel fear, we take it right out of the equation, what does that do at the level of debate, it means well people are saying ‘fuck me’, ‘fuck me’ *raises middle finger* we actually stop the cops.” – Robin Stransham-Ford

Top lawyer who representing the plaintiffs in the Constitutional challenge.

Myrtle elaborates on pitching to law firms and legal expenses: “We went to all the top (law) firms and gave presentations and they all closed the door and Shindlers opened the door for us and they have been there for us and they have probably done (at the rate that) they invoice probably done about R10 million worth of work for us. And if we can show them with R300 000 which is really not so much money, we can show them that R300 000 is a gesture of good will, we engage them on a different level after stop the cop, because it’s difficult to engage with attorneys and you are not paying them. You know. They… *hand gesture*, So if we do this gesture it’s going to mean so much for the Constitutional challenge in terms of Shindlers and they really an attorney who gets the cannabis thing, is a rare and beautiful thing and you really don’t get attorney’s who get this concept.” – Myrtle Clarke of the Dagga Couple

Commentary about attorneys and stoners by Robin: “And they (the attorneys) don’t get this if they are not stirring this that is the thing that surprised me, and stoners are nice chaps. They are cleverer, and somehow its doing good for this otherwise dull legal brains that took poor old Princes case on.” – Robin Stransham-Ford

Someone sitting at the table asked for funds to be used for placing a fundraising advertisement: “I would love to see a full page in the Argus written in really simple English saying ‘We need your money, do you smoke weed? Come and help us. This is our phone number.'”

Jeremy David Acton raises concerns about the dagga culture’s lack of identity and ask that the process be a people’s process: “Wherever the big case is heard we don’t only need the council and the people in the court room we need to fill the streets outside as well. Everyday must be a public event, it must make it difficult for the State to run the State in the area of the court when the hearings are taking place, its about building the culture. it not only the legal quest, we have to become people out in the society not just in the shadows smoking our weed. The Rastafarians are forward already. They have an identity then the average stoner doesn’t quite know how to express his weediness for the lack of the better word (Hint: Daggafarianism), all this adds up to its a peoples process and got to give it to the people.” – Jeremy David Acton

The monetization of the freedom of daggafarians

While the quest by Fields of Green for All is a noble act in the quest for Dagga Revolution the freedom of daggafarians must never be monopolized and monetized to raise profits and salaries for a single organization. No dagga organization or its goals, no matter how potentially significant it may be, can ever be more important than the people it represents and can never justify not releasing information to the public free of charge to enable any daggafarian to apply for a stay of prosecution considering it has taken FOGFA a decade to finally appear in the Constitutional hearing. While the process for a stay of prosecution has been available to the Dagga Couple and the Dagga Party for quite some time.

Therefore we feel the need to address the issue as we have pleaded for the responsible parties to release a step by step guide as it would benefit all people and create a public precedent that would challenge police persecution by creating a redundancy because of what the public knowledge of staying your persecution without the need for lawyers and legal expenses would mean in the public domain.

From the Fields of Green for All website store: “You can gain access to even more information and important resources by registering for small subscription fee, Donations are R150 per month or a discounted annual fee of R1380.”

Affiliation for sale: “We have a few sponsorship slots remaining for entrepreneurs who are interested…” Fields of Green for All – Clinical Cannabis Convention 2017 Sponsorship R 4,995. Out of stock. This sponsorship includes 2 tickets for the event, as well as featuring your company’s logo on all of our marketing and event material.”

The Fields of Green T-Shirt sells for only R 150, which is a bargain for any dagga related Tee but a whopping R 195 levy is charged for the basic info Pack that may cover a lot of topics but still only lines up a sale for your place in the queue!

This brings us back to the #FairCop campaign where in a fundraising campaign, Fields of Green for All representative, Joanne van Rooyen, said: “All the proceeds raised go towards our #FairCop court challenge, where we aim to stop the police from harassing and arresting all daggafarians.”

#StopTheCops never came to fruition and the fundraising campaign only ever was a fundraiser for Shindler’s “gesture of good will” as explained by Myrtle.

The Weedstock venue on the day.

Weedstock blunder: Ignorance or publicity stunt?
In 2016 the dagga culture of South Africa witnesses one of the biggest blunders in dagga event management. Many daggafarians pitched up to what can only be described as an empty promise.

The opinion of FOGFA’s legal council stated that the event organisers were not responsible for the cancellation because the police didn’t advise them about a legal requirement which would have also been a requirement of the Dagga Day celebrations of 2013. Then the possibility of confiscation of the equipment is used as a reason to cancel the event when they could have had an unplugged gathering of 10 or less persons per group in a lawful protest against the claim that it was the intention of police to sabotage the event.

Even if the Police played a roll in the event’s demise surely there are various options to consider. Postponing the event for one week until the missing signature could be received. Apply to the court for an emergency interim judgement to allow the event due to police negligence if this could have been proven however it would be impossible to prove because it’s not the job of police to educate event organisers about legal requirements. Although it would have been a nice gesture of the police to inform the event organisers in time to make the required arrangements to get the missing signature.

We have requested proof of the email from the police threatening to pounce on the illegal event should it continue but thus far could not be produced.

In light of reviewing the FOGFA meeting where the legal council’s main objectives are for revving up publicity to create a platform to base fundraising campaigns on we cannot help to suspect the possibility that the event’s “sabotage” could have been a dagga-falseflag operation premeditated by FOGFA.

An unthinkable scenario to imagine but unfortunately there are still too many unanswered questions. The convenience of giving up doesn’t quite fit the image of the Dagga Couple whom have gone to the edge of the Earth and jumped off into the pits of hell to fight for dagga rights who would eventually confront the devil in the Constitutional court.

The bottom line is that the event’s paperwork must have been in order for advertising and sale of tickets to have commenced because you cannot advertise an event that has not been finally approved otherwise you would be advertising and selling tickets to an illegal event.

The organization must release the communication that implicate the negligence and unconstitutional threats by the police and file a report of negligence and intentional sabotage of the event by the police.

We welcome the input of the implicated parties in the comment section below.

Analysing The Rationalisation of Cannabis Prohibition & The Persecution of Cannafarians

Analysing The Rationalisation of Dagga Prohibition & the Persecution of Daggafarians

The Rebuttal of Dagga Prohibition: Analysing The Rationalisation of Glyphosate Herbicide Arial Cannabis Spraying as justified by the South African Police’s Dagga Ops Environmental Impact Assessment

There is no justice in persecuting any person struggling with addiction. You don’t help any druggie by jailing them. Why then do we sympathise with doomed alcoholics but we condemn responsible cannafarians?

What rationalisation is used to justify the incarceration of the cannabis culture?
Prohibition’s rationale is that cannabis must be prohibited and eradicated;

  • to protect the public from harm,
  • to curb crime,
  • to eradicate crime syndicates & gangs,
  • to reduce early exposure to children,
  • to uphold the rights of citizens to life, freedom, dignity, respect & security.

Why shouldn’t cannabis be legalised & regulated?
There’s absolutely no reason why cannabis should not be legalised and there are about a billions reasons why it should be legalised & regulated around the world.

  • Create a whole new industry & eradicate unemployment
  • Health benefits
  • Alternative source of energy, eg bio diesel.
  • Alternative source of textiles & building material
  • Alternative source of plastic & paper
  • Nutritional value & dietary essential
  • Only known plant with a full & comprehensive cannabinoid profile that supplements the endo-cannabinoid system
  • Safer alternative to alcohol & tobacco
  • Regulate out of the hands of children, syndicates & gangs
  • Protect users by education & regulating the standard quality of the produce.


The Rebuttal of Dagga Prohibition: Analysing The Rationalisation of Glyphosate Herbicide Arial Cannabis Spraying as justified by the South African Police’s Dagga Ops Environmental Impact Assessment
The Dagga Ops EIAconsists of three documents, composed of an 11 page rationalisation for the eradication of cannabis by aerial spraying titled “A Perspective On The Aerial Spraying Of The Illicit Cannabis Crop IN THE TRANSKEI”, the registration of Kilo Max (Glyphosate) herbicide signed into commission on 25th May 2005 by the senior superintendent D. Naicker, commander of the head office of the narcotic & organised crime desk within the South African Police Service, and also affixed is the South African Central Drug Authority (CDA) Position Paper on Cannabis.

The most absurd rationalisation made by the South African Police Service is that they believe they are upholding the Constitution and the rights of citizens including daggafarians by upholding & forcefully enforcing dagga law.

“South Africa is committed to reduce the availability of drugs (control and law enforcement) and the demand for drugs (prevention, treatment and rehabilitation), thereby upholding the constitutional rights of its citizens to have their dignity respected and protected, the right to life and the right to freedom and security[ Sections 10 and 12(1) of Chapter 2 of the Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996)].” – South African Police Service, Dagga Ops EIA
Part 1 – Page 3

This is seriously confusing, by forcefully barring the use and cultivation of dagga, and by jailing people who choose to use and cultivate dagga the Government & South African Police Service are upholding the dignity & rights of daggafarians? The right to life, to be free, to be respected & protected?

This notion is awfully contradicting because the Drug & Trafficking Act of 1992 is in breach of these very rights they claim to uphold. Hence why the Cape Town High Court has issued a judgement for this act to be amended.

There is no dignity in being labelled a criminal. There is no freedom when you are jailed for making a safer choice. You have no life if you cannot choose to use dagga for its medicinal properties?

As we continue to analyse the rational of the mandate its irrationality will come to light.


“In terms of the under-mentioned Article 14 of the United Nations 1988 Convention against Illicit Trafficking in Narcotic Drugs and Psycotropic Substances, signatory countries are compelled to take steps to eradicate illicit crops, such as cannabis”
Part 1 – Page 3

Al-Bashir: South Africa as a signatory to the International Criminal Court had a legal & lawful obligation to arrest Al-Bashir upon the issue of an international warrant of arrest for charges of war crimes. This was ignored by the Government thus establishing that as an independent country South Africa can disregard international laws and legalise dagga.


Drug Control, which is the regulation of production, distribution, sale and use of specific controlled substances rests on two pillars, namely demand reduction and supply reduction.

Supply reduction refers to policies or programmes aiming to interdict the production and distribution of drugs. Drug law enforcement (including cannabis eradication) is one of the strategies for reducing the supply of illicit drugs.”

Part 1 – Page 3

Dagga prohibition does not work to reduce supply when dagga is freely available in almost every school in South Africa.


“Adding another drug to the same category as alcohol and tobacco would be a historical mistake,”
Part 1 – Page 3

Clever propagandists; alcohol & tobacco are only drugs when it aligns with their agenda.

Certainly we cannot throw cannabis into the same category as alcohol & tobacco, because according to the latest research cannabis is much safer than the two. We should never forget that alcohol, tobacco, sugar & even nutmeg are also drugs.

We must also remember that legalising dagga will not add another vice because even though dagga is illegal it is.


Glyphosate ‘has no residual effect in the soil and is therefore environmentally benign. It has a low order of toxicity in respect of humans and animals.’”
Part 1 – Page 1

The premise of the statement is that drift or contamination of glyphosate outside of the target or designated area is not possible. It is a logical fallacy. Just because something does not have a prolonged effect does not mean it is environmentally benign. The toxicity of glyphosate is also downplayed, the World Health Organisation have admitted that glyphosate does cause cancer.


“Glyphosate ‘is freely available to the public under the brand name TOUCHDOWN PLUS’”
Part 1 – Page 1

This statement is to affirm that because the product is freely available to the public it must be safe. Unfortunately many unsafe products are freely available to the public.


The equipment with regard to aerial spraying had been developed to a very high degree of sophistication to ensure that chemicals are applied to the target area.”

Part 1 – Page 1

Just because the technology is sophisticated does not mitigate human error or other environmental factors like sudden & unpredictable changes in during spray operations.


The toxicology of herbicide used by the SA Police Service was reviewed by an independent, qualified toxicologist. The development of the eradication programme was done under the personal supervision of the toxicologist.
Part 1 – Page 1

The dagga eradication programme was developed under the guidance of a single “expert”. Who is he/she? What are his/her qualifications? It is highly irregular that such drastic measures are overseen by only one expert. (Since writing of the article the expert has been identified as Dr Gerhard Verdoorn)


Only pilots and members, trained and certified to handle crop spraying chemicals, are utilized during spraying operations.”
Part 1 – Page 1

Pilot certification & experience does not make glyphosate less harmful.


“Cannabis is cultivated in South Africa in mainly arable, relatively water rich areas, especially mountainous terrain covered with indigenous flora. Spraying must therefore be executed under the most stringent conditions, as to not damage these highly sensitive eco-systems. All spraying is controlled and executed in accordance with scientific principles and acceptable toxicological practices.”
Part 1 – Page 1

Just because the eradication programme was developed in accordance to scientific principles and acceptable toxicology practises does not mean in practise it does not have any negative impact on the environment, the food crops, livestock and the people in the immediate vicinity.

There are no guarantees that the dagga ops pilots follow scientific principles and acceptable toxicological practices every time they go out on an operation.


“The calibration of equipment is frequently checked and spraying is only done under the most favourable conditions. Weather conditions, such as barometric pressure, temperature, humidity, wind speed and direction, dew point and inversion conditions are continuously considered to minimize the risk of spray drift, as well as to ensure that the chemicals are effected to targets.”
Part 1 – Page 1

Calibrated equipment cannot compensate for human error, the unpredictable nature of wind nor can it make glyphosate less harmful.
Here the document admits that spray drift / contamination occurs during normal operation and at best they can only minimise the risk, they cannot avoid risk.


“Aerial spraying of illicit narcotic crops (including cannabis) with Glyphosate is recommended by an Expert Group of the United Nations. The Expert Group expresses them very clearly on specific issues such as damage to the environment, chemicals and application technology (areal application). In this regard they:
• Clearly state that significant damage is caused to the environment, including forest eco-systems, resulting from inter-alia cannabis production and that these impacts are totally unacceptable. It was stated and emphasized that with regard to adverse environmental impacts, illicit narcotic plant production and processing had a very much greater impact on the environment and potentially on human health, than the control methods applied in any eradication programme.”

Part 1 – Page 1

Any agricultural malpractices may cause damage to the environment this is true; however this does not apply to every outdoor cannabis crop. This would need to be investigated individually. This statement would have you believe that cannabis is not indigenous to Earth and is an invasive weed that must be eradicated to extinction.

To insinuate that spraying cannabis crops with glyphosate is less harmful than growing cannabis is an insult to intelligence of an average man.


“Recognize the development of highly affective, environmentally safe herbicides. They reaffirm earlier conclusions that when used responsibly and with caution that these herbicides have low negative environmental impacts. The toxicology of compounds (including Glyphosate) had been considered by them.”
Part 1 – Page 2

The premise here is based on perfect weather conditions and perfect execution, neither of which translates in practise. Thus a low negative environmental impact is highly unlikely in the real world.


“Application technology e.g. precision of application reducing any potential environmental impacts, such as aerial spraying by helicopters, is fully recognised in eradication programmes. It was stated that specifically against cannabis, very effective control can be achieved with certain aerial spray equipment, with no evidence of herbicide effects outside the target area.”
Part 1 – Page 2

Circumstantial and baseless claim with no references.  Evidence does exist to show effects of glyphosate outside of target areas.


“South Africa is a signatory to the different United Nations conventions on drug control and therefore adheres to their resolutions and recommendations regarding eradication of illicit plants such as cannabis.”
Part 1 – Page 2

Yet the South African government may disregard the orders of the International Criminal Court? Reference: Al-Bashir

Again a reference is made to the eradication of cannabis as if it is not indigenous to Earth.

How can we call for the conversation of plants on one hand while on the other we are trying to eradicate a beneficial plant into extinction?
Why are these methods not used in combating other produce of illicit trade? Why aren’t we eradicating every last abalone? Why don’t we kill all rhinos & elephant just to curb the illicit trade of rhino horn & ivory?

What makes the cannabis plant special? Why is cannabis not allowed to grow wild in nature?


“The South African Narcotics Bureau (SANAB) was established in 1974 in order to deal with the prevention, combat and investigation of drug-related crime, and the gathering and dissemination of drug-related intelligence. Cannabis eradication forms an integral part of its activities. SANAB is currently mandated to maintain a cannabis eradication programme. According to the definitions of this Act, performing any act in connection with "cultivation", means to "deal in".”
Part 1 – Page 2

SANAB was disbanded 11 years ago in 2004, there is no justifiable reason to continue the mandated use of glyphosate in the eradication of dagga.


Despite general believe, the use or possession of cannabis will not be legalized in South Africa in the near future.”

Part 1 – Page 2

This statement is ignorant because it does not consider new scientific discoveries regarding cannabis nor does it account for cannabis legalisation around the world.


“South Africa is unable to legalise the use of certain illicit drugs due to its ratification of the 1961 Convention on Narcotic Drugs, amended by the 1972 Protocol, the 1971 Convention on Psychotropic Substances and the 1988 Convention mentioned below. Parties to the 1961 convention are under obligation not to permit the possession of drugs for personal non-medical consumption.”
Part 1 – Page 2

Referring to how South Africa ignored the International Criminal Court regarding Al-Bashir:
We are an independent country and we cannot be prescribed by foreigners on issues that affect South Africans. We may consider their guidance but we do not have to follow it.

Furthermore Colorado, a US state, as well as Uruguay have legalised recreational cannabis in defiance of the 1961 Convention.


“Cannabis is by far the most widely and most frequently abused drug listed in the international drug control treaties.”
Part 1 – Page 2

This is incorrect. Worldwide, alcohol is the most widely & most frequently abused drug.


“In its latest report, the UN International Narcotics Control Board (INCB) invited all governments and other relevant bodies to take note of and discuss the new liberal policies in a number of countries and pointed out that the World Health Organization should be involved in the evaluation of not only the potential medical utility of cannabis, but also the extent to which cannabis poses dangers to human life. If the results of scientific research objectively show that cannabis is medically useful, it will remain a scheduled substance, one that deserves strict control.”
Part 1 – Page 2

They don’t yet fully understand the “potential medical utility” or “dangers to human life” but have decided cannabis will remain a scheduled substance & deserves strict control, unlike alcohol which you can abuse to death. A bit premature don’t you think?


“The Central Drug Authority also considers the issue of decriminalization one that needs to be researched thoroughly before deciding the way forward. In the recent case of Prince versus The Law Society of the Cape of Good Hope before the Constitutional Court, the question of legalising the use of cannabis by Rastafarians came under scrutiny. The Constitutional Court did not judge in favour of the appellant, but reserved its judgement.”
Part 1 – Page 4

The research has been done. Colorado & Uruguay have successfully legalised and regulated recreational dagga.
Thus far we have only covered the first 4 pages of the Dagga Ops EIA and it is clear that this mandate is out-dated and does not consider the latest world scientific research of dagga and glyphosate.

It is our view that Dagga Ops is in violation of the Constitution of South Africa in respect to the well-being of the ecology of South Africa.
The mandate’s rationale is out-dated and we call upon the Minister of the South African Police Service to repurpose the helicopters used for Dagga Ops to fight real crime like domestic violence, rape and murder or to aid in finding missing children or even the early detection of forest fire to prevent a repeat of the devastation caused by the Knysna fires.

Dagga is a harmless plant that deserves to grow in the wild, public park or in the gardens.

In memory of Daggafarian, Alec Smith.

This article is posted in memorial of Alec Smith (25 May 1949 – 19 January 2006)

Alexander Douglas Smith, commonly known as Alec Smith, was born in Gwelo, Southern Rhodesia. The son of Ian Smith, the Prime Minister of Rhodesia (now called Zimbabwe) from 1964 to 1979, he became a chaplain in the Zimbabwe National Army and a farmer.

In April 1964, when Alec was 14, his father became Prime Minister of Rhodesia. Alec later suggested that this had caused family life to suffer. In 1970 Alec started studying for a degree in law at Rhodes University in South Africa. On his own for the first time, Alec became increasingly alienated from his background and neglected his studies in favour of partying, alcoholism, and drugs. He first came to public attention at this time by applying for a British passport while declaring that he did not agree with his father’s political views and still considered himself a loyal British subject.

On 20 December 1971 while returning from vacation in Mozambique, Alec was found to be in possession of 200 grams of dagga by the South African authorities at the border. He was convicted of drug trafficking, fined and given a suspended prison sentence and as result was expelled from university at the end of his first year.

Thus the enforcement of unjust laws of dagga prohibition took away great value from Alec’s life and most importantly denied him the education every person have universal human rights to.

As a victims of unjust dagga laws the dagga culture will never forget the impact dagga prohibition have had, not only on Alec’s life but, on the lives of all daggafarians.

RHODESIA PM's son had drug  SALISBURY, Tuesday (AAP-Reuter), — Mr Alexander Douglas Smith, 22, the son of the Prime Minister of Rhodesia, Mr Ian Smith, pleaded guilty today to a charge of illegally possessing or acquiring dagga (marihuana).   He appeared before a provincial magistrate. He was alleged to have had 200 grams of the drug on him when he was searched at a border post with Mozambique, about 125 miles north-east of Salisbury last December 20.   His counsel told the magistrate that Mr Smith was "not a hippie type" and a criminal conviction would have very serious results on the youth.   Sentence will be pronounced on Friday.
The Canberra Times, Wed 22 Mar 1972 Page 5