The SA Human Rights Commission (SAHRC) has written to national police commissioner Gen Fannie Masemola to express concern over the ongoing arrests of cannabis users and Rastafarians despite a law permitting the private cultivation and use of cannabis by adults.
The private use, possession and cultivation of cannabis by adults was decriminalised in 2018, with President Cyril Ramaphosa signing the Cannabis for Private Purposes Act on May 28 this year.
However, the SAHRC has received complaints about arrests from cannabis users and the Rastafarian community.
“As the festive season approaches, the SAHRC reminds law enforcement, in particular the SA Police Service and the National Prosecuting Authority, that the arrest and/or prosecution of adults for the private use, possession or cultivation of cannabis, as well as making assumptions about dealing, is inconsistent with the law and national operational directives. Such arrests and/or prosecutions could lead to human rights violations being perpetrated by law enforcement,” the SAHRC said.
Since August last year, a directive issued by Masemola titled “Arrests by the SA Police Service for Cannabis — Related Matters” recognised legislation did not prescribe the quantity of the cannabis in possession of or cultivated by an adult to presume it was the unlawful dealing of cannabis.
“Therefore, as things stand, the directive directs that adults may not be arrested on the presumption of dealing in cannabis,” the SAHRC said.
The SAHRC urged the department of justice and constitutional development to consult with the Rastafari and other cannabis-using communities to draft regulations for the Cannabis for Private Purposes Act. This includes advice on a specific commencement date for the act, which has yet to come into effect.
https://www.timeslive.co.za/news/south-africa/2024-12-24-stop-arresting-cannabis-users-sa-human-rights-commission-urges-police/
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