So, in one of his last acts as the big boss of the last parliament the President passed the Cannabis for Private Purposes Act which was many years and at least one court case in the making. We can now use (in any form) cannabis, should we wish, in peace subject to certain restrictions. Firstly, it has to be private and may not be used in front of children or non-consenting adults [S2(2)(a)]. It also has to be enjoyed a reasonable distance from windows and doors [S2(2)(b)(i)]. We all know the pungent aroma associated with smoking cannabis so the next prohibition may be difficult. It may not be used in any private place that forms part of any public place where persons congregate within close proximity of one another and where the smoke is likely to cause a disturbance or nuisance to any person at that place [S2(2)(b)(ii)]. Sensibly, an adult person who is in possession of cannabis must take reasonable measures to ensure that such cannabis is inaccessible to a child whether that child is under the authority, supervision or care of that adult person or not [S3(3)].
So, what about public places? An adult person may possess cannabis in a public place provided that such cannabis may not be used in a public place [S2(3)]. Your private vehicle on a public road is not considered a private place.
But here is the kicker and will someone please enlighten us on this because we seem to be missing something here. In terms of [S2(1)(b)] an adult person may without the exchange of consideration per occasion provide to, or obtain from, another adult person, cannabis, in a private place for a private purpose. Any person who deals in cannabis, is guilty of an offence and is liable on conviction to a fine or imprisonment for a period not exceeding 10 years or to both such fine and imprisonment [S4(1)]. So how do you get your cannabis for your own private use? Somebody is kind and gives you a few seeds to cultivate for free (we will not ask where they got their cannabis from). Or you do a mail order from overseas (the author tried that once – it took forever to arrive). But what if you want to smoke a joint every day, or you live somewhere with no room to cultivate, then what do you do?
The Minister must in terms of [S6(1)] make regulations to prescribe the maximum amount of cannabis that you may possess, cultivate or transport. That appears not to have been gazetted as at the time of this article.
