Cannabis, often known as marijuana, pot, grass, or in our distinctively South African language “dagga”, is one of those divisive things that people often disagree on whether it is good or evil, dangerous or beneficial, or simply a part of life that some people choose to enjoy and others do not.
Responsible consumption in the context of Learning institutions and employment will be discussed, as will some of the legal limits.
Cannabis has a long history of human use, spanning centuries.
It has been used for quite some time to treat various illnesses due to its well-known therapeutic properties.
The plant was traditionally used to facilitate labour in southern Africa before the advent of modern medicine.
It was seen as predetermined by the gods by those of the Hindu faith in India.
Aside from its long history of usage as a recreational activity involving ingestion by a wide range of individuals, alcohol has also maintained a place in many cultures’ therapeutic interventions and religious or spiritual ceremonies.
Recently, cannabis was declared constitutional for personal use by people over the age of 18 and therefore decriminalized in South Africa.
While decriminalization is a positive step, it’s important to distinguish between it and legalization.
Marijuana usage is strictly controlled, and only those over the age of 18 are permitted to use it in private settings.
Private cannabis usage for leisure may be sanctioned, but many steps in the plant’s cultivation, processing, storage, possession, transportation, and sale remain illegal.
Legally, an individual is only allowed to possess as much as is necessary for his or her personal use, which is defined as no more than 600 grams at home or 100 grams in a public area that is concealed from view.
Only people over the age of 21 are allowed to use cannabis products in private settings. It is still illegal to use cannabis in public.
Providing cannabis to a minor (a person under the age of 18) for recreational purposes is a criminal crime. In essence, breaking the law regarding the private use, possession, and production of cannabis by adults is a serious matter.
If you want to be sure you don’t end up on the wrong side of the law while purchasing or using recreational cannabis, it’s imperative that you do your homework and become well-versed in the relevant laws.
Cannabis can be either a stimulant, a depressive, or a hallucinogen, depending on the method of cultivation and the individual’s sensitivity to the drug.
One of the most fascinating things about cannabis is the wide range of subjective effects it may have on the mind and body.No matter how you feel the effects, it might change your mood.
Some people who use cannabis report feeling more awake, invigorated, and conscious after using it, while others report feeling drowsy, tranquil, or relaxed.
Be aware of how cannabis affects you and whether or not your actions will change significantly if you decide to partake.
Responsibility and self-accountability are crucial while using any substance, including alcohol.
Advocates for the legalisation of cannabis point out that it has a far lower potential for addiction than narcotics that are already on the books.
Addiction is possible with long-term, regular usage, just like with tobacco and alcohol.
Substance use and consumption by students and in Learning institutions’ property are governed by specific regulations at all levels of education.
Before beginning any kind of substance use program, it is important to familiarize yourself with the rules set forth by your Learning Institutions.
Some samples from college guides are as follows:
Illness or unfitness to take an examination, caused by taking drugs of any kind except on the advice of a medical practitioner, may be rejected as grounds for the granting of a deferred examination;
A student must not commit the act of sale, distribution, use or possessing any illegal drug, as defined by the Drug and Drug Trafficking Act 140 of 1992, on campus;
A student must not drive a vehicle on the University campuses while under the influence of intoxicating liquor or drugs to such an extent as to be incapable of exercising proper control of a such vehicle;
A student may be excluded from coverage in the medical and insurance scheme as a result of the influence of alcohol, drugs or narcotics upon the student;
Security service guidelines for dealing with people who are drunk or under the influence of drugs on campus property: (after a series of preliminary interventions) the person will be removed to a place of safety where a decision can be made regarding their immediate future.
The situations mentioned above highlight the need for rigorous standards on campuses and in institutions regarding the inability to perform responsibilities, insurance responsibility, and disruptive behaviours that may come from drug or alcohol use.
Even suspension or expulsion from the Learning institutions are possible if the person’s conduct warrants such action.
The most important thing to remember is that it’s important to keep in mind the regulations of your Learning institutions or program at all times, even while you’re having fun.
If you want to use marijuana, you should be aware of the risks and take steps to keep your use within legal and Learning Institions-mandated parameters.
Companies and industries often have drug and alcohol policies in place to regulate employee conduct.
Some people have what’s called a “zero tolerance” policy on drug usage, even for things like cannabis that are allowed at the federal level.
Workers can be subjected to arbitrary drug screenings (as long as the company implements these by labour laws).
The legalization of alcohol and cannabis may be viewed quite differently by those in the teaching, medical, and mining professions.
Such regulations are common in settings where workers are responsible for operating, inspecting, or otherwise interacting with large pieces of equipment.
Due to the high-stakes nature of the hazards posed by intoxication or residual intoxication, industries like mining have “zero tolerance” regulations regarding consumption by machine operators, engineers, and health and safety officers, even when it occurs outside of work hours.
Even if you’re only an intern or on a work-study program at a mine, you’ll have to submit to random drug testing.
Even if you last used cannabis several days ago, you might face disciplinary action for testing positive. It’s important to keep in mind that Tetrahydrocannabinol (THC), the active ingredient in cannabis, can stay in the body for a very long time after ingestion and that THC-detecting tests may pick it up.
The psychoactive effects of THC wear off in a few days for occasional cannabis users, but for chronic consumers, the molecule accumulates and can be detected for much longer than that.
Like any mood-altering, possibly addictive chemical, using cannabis products is not without its drawbacks.
If you want to avoid arrest, prosecution, and a criminal record that will follow you around for the rest of your life, you should familiarize yourself with the laws controlling and regulating its usage.
Get familiar with cannabis policies at your Learning institutions to avoid any problems with getting your diploma. Get the lowdown on the firm’s prohibitions on and disciplinary action for drug and alcohol usage before you start working there.
You may enjoy cannabis without jeopardizing your health, happiness, academic progress, or career aspirations so long as you use it responsibly and learn about its effects and consequences.
Medical use
The Medicines and Related Substances Act of 1965 is the piece of legislation that governs how cannabis can be used for medicinal purposes in South Africa (Medicines Act).
The Medicines Act divides pharmaceuticals and therapeutic substances into eight distinct categories, or schedules, ranging from schedule 1 to schedule 8, with schedule 8 being the most hazardous compounds that have the strictest access restrictions.
The Medicines Act makes a distinction between cannabidiol (CBD), which are not psychoactive, and delta-9 tetrahydrocannabinol (THC), which is psychoactive by its nature, in relation to cannabis. CBD is described as “non-psychoactive.”
Both cannabis (the complete plant as well as any of its components or derivatives) and THC are chemicals that fall under schedule 7.
It is necessary to get authorization from the Director General of the National Department of Health to gain access to Schedule 7 chemicals since it is believed that they do not have any valid applications in the field of medicine (DoH).
Substances listed in Schedule 6 are not available without a prescription from an authorised prescriber (also known as a medical practitioner), and they can only be obtained from a pharmacy or the holder of a dispensing license issued in accordance with the Medicines Act. These restrictions are in place to ensure the safety of patients.
THC will be considered a schedule 6 substance in the following circumstances: when it is used for medicinal purposes (as a synthetic form called dronabinol); or when it is used for personal or industrial purposes as outlined in the next section.
There are very specific conditions that must be met before CBD may be reclassified as a schedule 0 substance; otherwise, CBD is placed in the schedule 4 category (Unscheduled CBD Products).
Schedule 4 drugs, like schedule 6 substances, are only available through the prescription of a qualified medical professional who is authorised to prescribe them.
Locations such as pharmacies, grocery stores, health food stores, and convenience stores all stock schedule 0 substances that may be acquired without a prescription.
Unscheduled CBD Products include the following: complementary medicines that contain no more than 0.001% of THC and no more than 0.0075% of CBD, and that contain only the naturally occurring quantity of cannabinoids found in the source material. The THC and CBD levels in the product must not exceed the maximums listed above.
Synthetic cannabis compounds, on the other hand, are classified as schedule 7 drugs.
Patients who have valid prescriptions are able to obtain medical cannabis in the form of CBD from their local pharmacies.
Unscheduled CBD Products can also be purchased through a variety of retail outlets, including drugstores, grocery stores, health food stores, and convenience stores.
The patient is required to get permission from the Department of Health in order to purchase synthetic CBD or goods containing THC.
On the other hand, if THC is to be taken for medicinal purposes, a doctor must first prescribe the patient’s pharmacist to be able to obtain the substance.
Because it is against the law to use cannabis for medical purposes, those who do so in violation of the Medicines Act face severe penalties (up to 10 years imprisonment, with or without a fine).
Use for amusement purposes
In 2018, cannabis usage for recreational purposes became lawful as a result of a decision made by the constitutional court in the case Minister of Justice v. Prince. 1
In the case Minister of Justice v. Prince, the court found that it is legal for people to privately consume, possess, and produce cannabis for their own personal use purposes in their own homes.
In this aspect, privacy is not limited to the adult’s domicile (home), and adults are permitted to consume, possess, and produce cannabis for their personal consumption in any location that is private and not open to the general public.
THC is not considered a controlled substance under the requirements of the Medicines Act if it is produced in the form of raw plant materials, cultivated by an adult, held by that adult, and used by that adult in a private setting for personal consumption.
The quantity of cannabis that might be legally possessed by an individual for personal use was not specified by the Constitutional Court.
In the case of Minister of Justice v. Prince, some parts of the Drugs and Drug Trafficking Act, 1992 (also known as the Drugs Act), which had previously made illegal any production, possession, or use of cannabis, were found to violate the Constitution.
Under the Drugs Act, it is illegal to engage in the consumption, possession, or production of cannabis for recreational purposes unless it is done so in secret by an adult.
According to the Drugs Act, cannabis is a narcotic that can lead to undesired dependency. Violations of the Drugs Act can result in punishments ranging from one year and twenty-five years in jail (with or without a fee), depending on the seriousness of the offence.
Industrial usage
The following types of THC, all of which have the potential to have applications in industry, are not included in schedule 7 of the Medicines Act:
Processed hemp fibre products (such as textiles, bricks, and ceiling boards) when: I the THC concentration is less than 0.01%; (ii) the product is in a form that is not suitable for ingestion, inhalation, or smoking; and (iii) the product does not contain whole cannabis seeds; processed cannabis seed products (such as hemp seed oil and cosmetics containing hemp seed oil) when: (a) the THC concentration is less than 0.001%, and (b)
The importation of cannabis for industrial purposes, as well as its exportation and wholesale distribution, may only be carried out by individuals who are in possession of a permit issued by the Department of Health in accordance with section 22A(9)(a) I of the Medicines Act. This provision applies in all cases.
It is mandatory, as stated in Section 22C of the Medicines Act, that medicinal goods, including Unscheduled CBD Products, be produced at a facility that has been granted a license in accordance with the Good Manufacturing Practice standards.
Patentability
According to the Patents Act, any novel invention contains an innovative step, and may be used or used in commerce, industry, or agriculture may be eligible for a patent in South Africa. Additionally, the invention must be capable of being used or applied in these areas.
In the wake of the partial legalisation of cannabis in 2018, formulations, medical and non-medical indications for cannabis products, and even genetically modified cannabis may be eligible for a patent, plant variety, and/or copyright protection, provided the requirements are met. This, of course, is assuming that the requirements are met.
Latest updates
In August 2020, The Cannabis for Private Purposes Bill (Bill) was presented to the Parliament of the United Kingdom.
The National Assembly has considered the public comments and is continuing to deliberate on the bill.
The purpose of this bill is to integrate necessary measures into the applicable legislation to establish clarity on, among other things, what counts as being “in private” and the quantity that is regarded to be acceptable for private use.
An interim report on the Bill written by the Portfolio Committee on Justice and Correctional Services and dated 23 March 2022 noted that the National Assembly Rules seeks the National Assembly’s permission to extend the Bill to address commercial activities in respect of recreational cannabis, provide for the cultivation, possession, and supply of cannabis plants, and cannabis by organisations for religious and cultural purposes. The report also noted that the National Assembly Rules seek the National Assembly’s permission to extend the Bill to address commercial activities in respect of medicinal cannabis.
Although the bill does not yet contain any provisions for the commercialization of cannabis, those provisions are planned for the future. Furthermore, it makes it illegal to smoke cannabis in public and makes it illegal to sell it. It also places restrictions on the amount of cannabis an individual may own for private use and production.
The proposed legislation limits possession of cannabis to a maximum of 600 grammes for an individual who lives alone and 1.2 kg for households with two or more persons.
On the other hand, another provision of the bill advocated the erasure of criminal records for those whose cannabis possession convictions were deemed to be minor and were the result of older drug control legislation.
We understand that chronic, excessive cannabis usage increases the risk of addiction.
We strongly recommend that anybody unable to manage their use of cannabis or other addictive substance get in touch with a professional addiction counselling agency.
Those struggling with addiction can call the South African Depression and Anxiety Group’s helpline for support.
If you, or someone you know, is experiencing substance misuse, please call 0800 12 13 14.
