Category Archives: Dagga News

Dagga News

Daggarookers demand intervention by SAHRC

The Dagga Culture of South Africa have penned a letter of complaint to the South African Human Rights Commission to intervene a spate of right violations where the right to cultivate, possess and use dagga in private have been infringed upon by the South African Police Service.

Dagga smokers are demanding for a clear concise message from the police on where they stand in regards to their private dagga rights. They are now also demanding that access to dagga should be improved, it is not practical for every daggafarian to grow their own supply. Barter or the private trade of dagga should be allowed. All daggafarians must have access to unadulterated, high grade and affordable dagga, similar to tobacco and alcohol.

Letter sent to the South African Human Rights Commission

To whom it may concern,

We, the dagga culture of South Africa, daggafarians, daggarookers, rastafarians and ordinary South Africans demand that the South African Human Rights Commission intervene on a national level with police on the matter regarding private dagga rights.

Our people are still being victimized and impaired from exercising our rights. The injustice we face as a culture is similar to that of apartheid styled policing. Do not forget that the police to this day still base their enforcement on old apartheid anti-dagga laws which have since been declared invalid.

Here is an example of a rights violation in regards to private dagga rights: facebook.com/story.php?story_fbid=10156731339346727&id=630596726

Will the SAHRC investigate this matter on behalf of all South African citizens?

The entire police force must be educated on these rights and all daggafarians of South Africa deserve to have a clear concise message from the police and know where they stand.

We cannot allow another second of victimization as our people have suffered for too long. We are a culture, not criminals.

Please defend us, because we stand alone. Please do not ignore our cries because we stand strong, as one.

Highest regards,
the Dagga Culture of South Africa.

OLX now allow dagga related accessories, but they don’t

Since the legalisation of dagga OLX have decided to change their policy to allow all dagga related accessories to be bought and sold on the OLX platform.

When the state recently lost their appeal against the Constitutional ruling giving South African’s private dagga rights, the Dagga Shop opened up a store on the OLX platform. However after posting their ad for the Phantom Premium vaporizer to the platform  they soon learned it was rejected.

Dagga Magazine decided to investigate the matter and contacted OLX when it learned of the discrimination against the online advertisement of the daggafarian smart shop, this while tobacco and alcohol accessories are freely advertised on the platform.

Max, a service consultant at OLX responded to Dagga Magazine’s questions in an e-mail: “Since the legalisation of dagga, we have revised our moderation rules and have since decided to allow accessories of dagga only. OLX does not discriminate against any group and that includes daggafarians. All items that are an accessory to dagga are allowed on OLX, excluding dagga. OLX has no interest in the tobacco industry. Similar to dagga paraphernalia, we allow the accessories relating to tobacco but not the tobacco itself to be sold on our platforms. Our posting rules are only dictated by the South African laws. Should the South African laws change regarding dagga, we will review our moderation rules accordingly.”

The Dagga Shop have since updated their ad to read Phantom Premium Dagga Vaporizer, however the ad has since been rejected. Upon inquiring about the reason the ad was denied, OLX stated in an email that it was due to the website url that was included directing to Dagga Shop’s online store.

The daggafarian smart shop has since tried editing the add to omit the link. However the ad has been rejected, contradicting the statement OLX have made earlier.

Get your criminal record for dagga expunged, t&c’s apply!

How to get your criminal record for dagga expunged in South Africa.

In 2009 the South African Justice Department implemented a law to help those who wanted their record clean to make applying for jobs easier, and to assist anyone convicted of apartheid era crime.

Finding work as a convicted daggafarian in South Africa is challenging, even if you were just caught smoking a roach.

Employers are allowed to ask applicants about their past criminal records, and failure to disclose any criminal convictions can lead to a later dismissal if the truth comes to light.

The expungement procedure results in the lawful clearance and removal of a criminal record on an individual’s record from the National Criminal Register. This will allow daggafarians to carry on with life without a criminal record being an obstruction to employment opportunities.

Who may apply for the expungement of a criminal record?

According to the Department Of Justice and Constitutional Development a person may apply if:

  •  The sentence of imprisonment was suspended wholly.
  • The sentence was correctional supervision in terms of section 276(1)(h) of the Act.
  • They have not been convicted and sentenced to a period of imprisonment without the option of a fine during those ten years.
  • The sentence was corporal punishment.
  • The sentence was postponed or the person was cautioned and discharged.
  • A period of 10 years has passed after the date of the conviction for that offence.
  • The sentence was a fine not exceeding R20 000.
  • The sentence was imprisonment with the option to pay a fine (not more than R20 000) instead of serving the period of imprisonment.
  • Proof is provided that a person’s name has been removed from the National Register of Sex Offenders or the National Child Protection Register, if relevant.

A person will not qualify if:

  • He or she was convicted of a sexual offence against a child or a person who is mentally disabled or of an offence, where he or she was found to be unsuitable to work with children.
  • He or she was sentenced to direct imprisonment.
  • A fine of more than R20 000 was imposed.

For more information about who may qualify, see Application for Expungement of a Criminal Record (http://www.justice.gov.za/forms/expungement/J744e_formA.pdf)

Terms & Conditions Apply:

  • Before submitting the application for expungement of a conviction, a clearance certificate showing that a period of 10 years has lapsed after the conviction(s) and sentence(s), must be obtained from the Criminal Record Centre of the South African Police Service. The clearance certificate must be attached to the application.
  • If the person’s name has been included in the National Register for Sex Offenders, a confirmation must be obtained from the Registrar that his or her name has been removed from the Register. The confirmation or a certified true copy of the confirmation must be attached to the application.
  • If the person’s name has been included in the National Child Protection Register, a confirmation must be obtained from the Director-General: Social Development that his or her name has been removed from the Register. The confirmation or a certified true copy of the confirmation must be attached to the application.

The application process is easy!

Once the applicant has completed the relevant application form they can be posted or delivered by hand, together with the relevant attachments, to the Director-General: Justice and Constitutional Development at

Postal Address: Private Bag X 81 Pretoria 0001 or Street Address: Momentum Centre, 329 Pretorius Street (corner of Pretorius and Prinsloo streets), Pretoria 0001

If the Director-General is satisfied that a person meets the requirements the head of the Criminal Record Centre of the South African Police Service will confirm to the person in writing that the conviction(s) and sentence(s) in question has/have been expunged. If the application for expungement is refused, the person will be informed by post of this decision and the reasons for the decision.

The service is rendered free of charge by the Department of Justice and Constitutional Development, but a number of businesses exist to help facilitate the process for a fee (from about R2200 for the whole process), or a lawyer can be hired to assist.

Find the application forms here: http://www.justice.gov.za/forms/expungement/J744e_formA.pdf

Further enquiries can be emailed to expungements@justice.gov.za

Featured photo by Justin L. Stewart/Columbia Missourian/AP: 
Jeff Mizanskey speaks after being released from the Jefferson City Correctional Center on Tuesday, Sept. 1, 2015, after spending 20 in prison for a life sentence for selling dagga.

 

 

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).

#VivaDaggafari!