Essential guidelines for transporting dagga under new regulations
The Department of Justice and Constitutional Development is making attempts to decriminalise the use of dagga for personal purposes.
In the Cannabis for Private Purposes Regulations, the department stipulates the conditions, restrictions, prohibitions, obligations, requirements or standards regarding transportation of cannabis in accordance to the Cannabis for Private Purposes Act.
“The conditions applicable to a person transporting cannabis are that the cannabis being transported must be concealed from public view during transportation by ensuring that it is placed in the boot, trunk, or at the back, or in the enclosed storage compartment of the transporting vehicle,” states the proposed regulations.
In addition, if it is not possible to transport the cannabis in the boot, trunk or at the back or in the enclosed storage compartment of the transporting vehicle, the cannabis may be transported in a storage container provided that the structure of the container ensures that the cannabis is concealed from public view.
According to the proposed regulations, if the storage compartment of the transporting vehicle is not fully enclosable, the cannabis must be covered to ensure that it is completely concealed from public view.
“The transportation of cannabis from one place to another is restricted to the amount of cannabis prescribed … The prohibitions applicable to a person transporting cannabis are that such person may not mix cannabis or possess cannabis that is mixed with any other substance that is transported on a public road,” the department proposes.
Additionally, users are also not allowed to, in any way handle, hold, examine or inspect the cannabis being transported, while transporting such cannabis and reveal to other people who are not passengers, that the vehicle is transporting cannabis.
“The obligations applicable to a person transporting cannabis are that the driver of a vehicle must notify any passenger in the vehicle in question that the driver is carrying cannabis before such passenger enters into the vehicle in question; and if notified by a passenger that the said passenger is carrying cannabis onto the vehicle, the driver of the vehicle must verify if the cannabis is of an amount permitted in (the) regulations,” the proposals state.
The requirements also include that a person transporting cannabis are that the cannabis being transported must be concealed from the public view at the time of being brought onto the transporting vehicle and after being so loaded onto the vehicle, regardless of the amount of cannabis being brought onto the vehicle and the driver may refuse entry into the transporting vehicle when a passenger refuses the inspection of the cannabis brought onto the said vehicle.
“The standard relating to a person transporting cannabis is that only the variety or strain of cannabis permissible by any applicable law in the republic may be transported in that vehicle,” the regulation added.
The department has invited interested parties to comment on the draft regulations until March 5.
loyiso.sidimba@inl.co.za