“We are of the opinion that the illegality of the possession, cultivation and use of dagga in South Africa is in violation of our human rights as reflected in the Bill of Rights, enshrined in the South African Constitution.”
“We are of the opinion that the illegality of the possession, cultivation and use of dagga in South Africa is in violation of our human rights as reflected in the Bill of Rights, enshrined in the South African Constitution.”
These words from the country’s most prominent marijuana legalisation lobbyists, known as the Dagga Couple, were heard during a presentation at New Street night club the Monastery on Wednesday evening.
Representing ‘the cannabis culture’ in South Africa, Jules Stobbs and Myrtle Clarke showed their campaign video and spent over an hour speaking to an audience of about 100 people.
They are attempting to rally up support and inform the public about the re-legalisation of dagga, and what they believe is a victimless crime for which the punishment far outweighs the supposed wrongdoing.
“In short; the prohibition of dagga is unscientific, based on outdated colonial racism, not in sync with the times and challenges we face, irrational and wrong,” said Stobbs.
However, they emphasised the importance of knowing one’s personal limits with regard to its consumption.
“We do not condone excessive use or any peer pressure on the part of using the plant,” Clarke said.
Clarke and Stobbs have done extensive work to promote their cause, create awareness and negate the various stigmas attached to the Cannabis sativa plant.
Their presentation highlighted the various positive uses of the plant such as relaxation and relief for cancer patients, as well as the medical, economic and social benefits that an active industrial cannabis industry could have for South Africa.
They also emphasised that “dagga is a common denominator between people from all walks of life”.
According to Stobbs, “the enforcement of the prohibition of dagga costs the South African taxpayer millions every year, resources that could be utilised more efficiently”.
The South African climate is ideal for the industrial cultivation of hemp, a non-psychotropic version of the dagga plant.
“An industrial cannabis industry could potentially create jobs in the agriculture, biofuel, textile, building and medical industries,” he said.
“We know we are preaching to the choir,” Clarke said, “but the more we promote the more topical the issue becomes”.
The couple started their campaign for the “re-legalisation” of marijuana about two and half years ago.
Seeing as South Africa was the first country to criminalise marijuana in the early 1900s, they believe it’s fitting that South Africa should be at the fore of changing dagga legislation and ideologies.
“Our case is based on extensive medical, legal and historical research. We are of the opinion that the illegality of the possession, cultivation and use of dagga in South Africa is in violation of our human rights as reflected in the Bill of Rights, enshrined in the South African Constitution,” said Stobbs.
The couple present themselves as honest, functional members of society who have jobs in the film industry, pay taxes and don’t even have traffic fines.
“If you saw us on the street you would think we were squeaky clean middle-aged people,” Clarke said.
The couple are out on R1 000 bail however, after being arrested and detained in 2010 for the possession of 105g of dagga.
They were charged with dealing in illicit drugs before being released.
Now they want to challenge what they call the “draconian” South African legislation that makes dagga users criminals and ultimately take their matter to the Constitutional Court. Sidebar:
Some facts about dagga legislation:
• The use, possession and cultivation of dagga are controlled by The Illicit Drugs and Trafficking Act 140 of 1992. It is classed in the same category as heroin.
• A citizen may be searched without a warrant and if cannabis is found on the person the maximum penalty for possession is 15 years imprisonment.
• The maximum penalty if charged with dealing the plant is 25 years.
• Marijuana use and possession is legal in 16 states in America. It is a legal State-regulated substance in India and Iran and is also legal in Pakistan, among other countries.
• In September 2012 the South African Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities made recommendations to various state departments with regard to legalising the possession of 100g of dagga for Rastafarian Priests.
