Katelyn Baker
Well-Known Member
In 1908 the first law prohibiting the sale of marijuana also known as weed, pot or dagga in South Africa was passed. Fast forward a century later to the present day, a networked group of "green" people have come together in the country to fight for the legalisation of dagga in the High Courts of South Africa.
Cannabis is the official term for the flowering plant of marijuana.
A day before the start of spring on 31 August 2016, dagga activists demonstrated outside of the Cape Town High Court with hopes to convince judges that sections of the Drugs and Drugs Trafficking Act are unconstitutional. A full bench of the court postponed the case until 13 December 2016. The case was brought by Rastafarian lawyer, Garreth Prince and the leader of the Dagga Party of South Africa, Jeremy Acton.
A similar action by the "Dagga Couple", Julian Stobbs and Myrtle Clarke, in the Pretoria High Court is still pending. After three postponements, the Dagga Couple's ''Trial of the Plant'' is set to start on the 31st of July 2017.
It will last for 19 court days and their preparation has been locked down by the deputy judge President, Judge Ledwaba in the Pretoria High Court.
Clarke says, "This is very important development for us because it's been very difficult for our legal team to keep up the momentum with the defendants; the seven government departments that we've sued. So we now have quite a strict set of deadlines for various evidence has to be in at various times and there's a road that's been mapped for us for the next just-over-a-year and we're really pleased about that because now, the defendants don't have any excuse for not meeting those deadlines."
Stobbs emphasises that this is a breakthrough as the state is now acknowledging what a massive civil case the Trial of the Plant is.
"It's this generation's big civil case. To have 19 days in the high court, for any trial of this magnitude, it's a big thing. We're happy; we're elated, we're nervous, there are a lot of things that we could do wrong, but we have a brilliant legal team who have put all our ducks in a row, and we're absolutely confident that the high court will see our point of view, because if they don't, they're arguing on the wrong side of history."
Marijuana dates back to prehistoric times when hunters and gatherers scavenged the earth for survival. The earliest written record of it attributes to ancient China where Chinese Empower Shen Nung used the plant in 2727 B.C.
Cannabis continued to grow in popularity and travelled with Viking ships in Nordic countries and in the Middle East. The use spread throughout the Islamic empire to North Africa. It wasn't only consumed... Cannabis has many different uses.
In 1545, cannabis spread to the Western Hemisphere where the Spaniards used it in Chile as fibre. In North America, cannabis in the form of hemp was grown in plantations for use in rope, clothing and paper.
The Dagga Couple have been fighting for the legislation of cannabis for the past five years and it is their hope that their case will be taken higher to the Constitutional Court. Interestingly enough, their crusade began when the police raided their house...
"It all started here; in this very room you are interviewing us in, five years ago when the police raided our house. They were looking for some sort of lab, screaming at us about a lab, and they kept us mostly at gun point in the house for about five hours until it got light. They searched the whole property for drugs and labs, and they found a quantity of cannabis, because we smoke cannabis," says Julian Stobbs.
The couple were then arrested and taken to the Krugersdorp Magistrate's Court where they received a postponement so that they could seek some legal advice.
"During that time we thought, 'We've been smoking the plant for thirty years and do you know what? We're sick of going behind the bike sheds to have a quick skuif (smoke) and I'm sick of feeling like a criminal for it'. So, between the two of us, we looked at each other at the magistrate's court in Krugersdorp and decided that we were going to challenge the laws pertaining to cannabis, it's possession and use in South Africa," says Stobbs.
Stobbs furthers that the Dagga Couple were then given a chance to go to the High Court by Judge Bertyl in Pretoria.
"From that point on we set a precedent in South African law, and since that moment, we've managed to get various stays of prosecution for other people around the country, on the same charges of possession or whatever it may be. We are hoping that they will come to court with us, so, the whole thing is gathering momentum because of one crazy night when the cops arrived looking for something that we didn't have."
Myrtle explains that over the past five years they've built up a huge following, both online and offline, as they've always known that they need to have the public support with this issue. They even travelled to the United Nations (UN) headquarters in 2016 as for them it's very important to be part of an international community to help put forward the ground work that they are doing in South Africa.
Myrtle: "One of the culminations of this journey was going to the United Nations for the general assembly special session on drugs, in April. We've been nurturing a lot of our international contacts for the last two years and through that, we sit on various committees. The New York NGO committee, which is a civil society organisation that was making recommendations to the UN and also the global forum of producers of prohibited plants, which is a farmer's forum for the actual farmers on the ground who are growing these plants."
The Dagga Couple's core message is that the prohibition of cannabis is far more harmful than the plant could ever be.
Myrtle: "One of the main arguments against us is, 'What about the children?' and people seem to think that if cannabis is legal, now all of a sudden, it's going to be sold in schools or something like that, but the bottom line is that, well 'what about the children right now?' What about the fact that they can go and have a whole menu to choose from, from some dodgy background dealer who's not going to ask for an ID."
"But we always say, 'What about the old people?' What about the old people who have given up using cannabis because it's illegal, but actually need it for their various aches and pains in their later lives and it's been proven that there's an increase in use amongst older people in countries where cannabis has been legalised.
Another major argument used against dagga activists is one of mental illness, that the plant will hamper the mental processing channels of the brain. Myrtle explains that this is the very reason why they are fighting for the legislation as it will mean that a regulated system will be put into place,
"Mental illness is largely misunderstood even now in the 21st century and we know for certain that cannabis has helped some people who have problems with mental illness. Cannabis certainly does not make you schizophrenic. This is the one argument we hear over and over again, and that is why when we get to our trial next year, we will have a group of experts from around the world, to come and argue this point."
Julian draws on a UK based study of schizophrenia, where 600 000 people were measured yearly for the illness and its correlation to marijuana use in 2009. In the end the study found that schizophrenia hasn't gone up since the 1950's but pot use has: "Schizophrenia has been on a plateau for fifty years, schizophrenia has remained the same in Europe, but you can't say the same for cannabis use. If you look at the prevalence of cannabis use in the world, it's on the rise. So if it causes schizophrenia, we want to know where they all are, and where they are being held — all these cannabis-induced schizophrenics."
World-wide the trend of countries legalising marijuana is on an increase with Germany the latest country to legalise medical marijuana from 2017. Much the like United States, Australia has decriminalized weed in some states, however it remains a more substantially-punishable offense in others.
Forerunners in legalising marijuana, the Netherlands, has special ''Coffee Shops'' to smoke in, and Cambodia has "Happy Restaurants" that offer all kinds of foods cooked with dagga. Columbia decriminalized pot in 1994 and ten grams is the legal limit of possession in Ecuador. Mexico decriminalized pot in 2009 even though Jamaica is known for smoking, the country only recently decriminalized ganja in 2015.
One the major obstacles for the Dagga Couple is finances as litigation does not come cheap. However after five years of working on the case, they have put a system in place called the 'green network' -where people who support the cause can get involved. Myrtle explains that people can easily become involved just by making sure that they publically stand up for the plant,
"A campaign that we're running at the moment is called "#Proudly Green". I'm proudly green. I'm proud of the fact that I use cannabis; I hate the fact that I'm being threatened by the law every day of my life. So be proudly green, come out of the cannabis closet, that's really important for us. Go and tell the people the truth about dagga, because the truth about dagga is really exciting. Let's get rid of this whole prohibitionist's paradigm once and for all".
The Dagga Couple are not alone in the fight for the legalisation of marijuana. The following 10 countries are all leading the push for the international marijuana legalisation; Czech Republic, Ecuador, Jamaica, Mexico, Canada, Spain, Uruguay, the Netherlands, Argentina and India. Will South Africa join that list in the near future or will it all go up in smoke? 2017's Trial of the Plant seems to be the determining decider and if anything it will be a blaze.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: The Trial Of The Plant - Should South Africa Legalise Marijuana?
Author: Nina Oosthuizen
Contact: SABC News
Photo Credit: None Found
Website: SABC News
Cannabis is the official term for the flowering plant of marijuana.
A day before the start of spring on 31 August 2016, dagga activists demonstrated outside of the Cape Town High Court with hopes to convince judges that sections of the Drugs and Drugs Trafficking Act are unconstitutional. A full bench of the court postponed the case until 13 December 2016. The case was brought by Rastafarian lawyer, Garreth Prince and the leader of the Dagga Party of South Africa, Jeremy Acton.
A similar action by the "Dagga Couple", Julian Stobbs and Myrtle Clarke, in the Pretoria High Court is still pending. After three postponements, the Dagga Couple's ''Trial of the Plant'' is set to start on the 31st of July 2017.
It will last for 19 court days and their preparation has been locked down by the deputy judge President, Judge Ledwaba in the Pretoria High Court.
Clarke says, "This is very important development for us because it's been very difficult for our legal team to keep up the momentum with the defendants; the seven government departments that we've sued. So we now have quite a strict set of deadlines for various evidence has to be in at various times and there's a road that's been mapped for us for the next just-over-a-year and we're really pleased about that because now, the defendants don't have any excuse for not meeting those deadlines."
Stobbs emphasises that this is a breakthrough as the state is now acknowledging what a massive civil case the Trial of the Plant is.
"It's this generation's big civil case. To have 19 days in the high court, for any trial of this magnitude, it's a big thing. We're happy; we're elated, we're nervous, there are a lot of things that we could do wrong, but we have a brilliant legal team who have put all our ducks in a row, and we're absolutely confident that the high court will see our point of view, because if they don't, they're arguing on the wrong side of history."
Marijuana dates back to prehistoric times when hunters and gatherers scavenged the earth for survival. The earliest written record of it attributes to ancient China where Chinese Empower Shen Nung used the plant in 2727 B.C.
Cannabis continued to grow in popularity and travelled with Viking ships in Nordic countries and in the Middle East. The use spread throughout the Islamic empire to North Africa. It wasn't only consumed... Cannabis has many different uses.
In 1545, cannabis spread to the Western Hemisphere where the Spaniards used it in Chile as fibre. In North America, cannabis in the form of hemp was grown in plantations for use in rope, clothing and paper.
The Dagga Couple have been fighting for the legislation of cannabis for the past five years and it is their hope that their case will be taken higher to the Constitutional Court. Interestingly enough, their crusade began when the police raided their house...
"It all started here; in this very room you are interviewing us in, five years ago when the police raided our house. They were looking for some sort of lab, screaming at us about a lab, and they kept us mostly at gun point in the house for about five hours until it got light. They searched the whole property for drugs and labs, and they found a quantity of cannabis, because we smoke cannabis," says Julian Stobbs.
The couple were then arrested and taken to the Krugersdorp Magistrate's Court where they received a postponement so that they could seek some legal advice.
"During that time we thought, 'We've been smoking the plant for thirty years and do you know what? We're sick of going behind the bike sheds to have a quick skuif (smoke) and I'm sick of feeling like a criminal for it'. So, between the two of us, we looked at each other at the magistrate's court in Krugersdorp and decided that we were going to challenge the laws pertaining to cannabis, it's possession and use in South Africa," says Stobbs.
Stobbs furthers that the Dagga Couple were then given a chance to go to the High Court by Judge Bertyl in Pretoria.
"From that point on we set a precedent in South African law, and since that moment, we've managed to get various stays of prosecution for other people around the country, on the same charges of possession or whatever it may be. We are hoping that they will come to court with us, so, the whole thing is gathering momentum because of one crazy night when the cops arrived looking for something that we didn't have."
Myrtle explains that over the past five years they've built up a huge following, both online and offline, as they've always known that they need to have the public support with this issue. They even travelled to the United Nations (UN) headquarters in 2016 as for them it's very important to be part of an international community to help put forward the ground work that they are doing in South Africa.
Myrtle: "One of the culminations of this journey was going to the United Nations for the general assembly special session on drugs, in April. We've been nurturing a lot of our international contacts for the last two years and through that, we sit on various committees. The New York NGO committee, which is a civil society organisation that was making recommendations to the UN and also the global forum of producers of prohibited plants, which is a farmer's forum for the actual farmers on the ground who are growing these plants."
The Dagga Couple's core message is that the prohibition of cannabis is far more harmful than the plant could ever be.
Myrtle: "One of the main arguments against us is, 'What about the children?' and people seem to think that if cannabis is legal, now all of a sudden, it's going to be sold in schools or something like that, but the bottom line is that, well 'what about the children right now?' What about the fact that they can go and have a whole menu to choose from, from some dodgy background dealer who's not going to ask for an ID."
"But we always say, 'What about the old people?' What about the old people who have given up using cannabis because it's illegal, but actually need it for their various aches and pains in their later lives and it's been proven that there's an increase in use amongst older people in countries where cannabis has been legalised.
Another major argument used against dagga activists is one of mental illness, that the plant will hamper the mental processing channels of the brain. Myrtle explains that this is the very reason why they are fighting for the legislation as it will mean that a regulated system will be put into place,
"Mental illness is largely misunderstood even now in the 21st century and we know for certain that cannabis has helped some people who have problems with mental illness. Cannabis certainly does not make you schizophrenic. This is the one argument we hear over and over again, and that is why when we get to our trial next year, we will have a group of experts from around the world, to come and argue this point."
Julian draws on a UK based study of schizophrenia, where 600 000 people were measured yearly for the illness and its correlation to marijuana use in 2009. In the end the study found that schizophrenia hasn't gone up since the 1950's but pot use has: "Schizophrenia has been on a plateau for fifty years, schizophrenia has remained the same in Europe, but you can't say the same for cannabis use. If you look at the prevalence of cannabis use in the world, it's on the rise. So if it causes schizophrenia, we want to know where they all are, and where they are being held — all these cannabis-induced schizophrenics."
World-wide the trend of countries legalising marijuana is on an increase with Germany the latest country to legalise medical marijuana from 2017. Much the like United States, Australia has decriminalized weed in some states, however it remains a more substantially-punishable offense in others.
Forerunners in legalising marijuana, the Netherlands, has special ''Coffee Shops'' to smoke in, and Cambodia has "Happy Restaurants" that offer all kinds of foods cooked with dagga. Columbia decriminalized pot in 1994 and ten grams is the legal limit of possession in Ecuador. Mexico decriminalized pot in 2009 even though Jamaica is known for smoking, the country only recently decriminalized ganja in 2015.
One the major obstacles for the Dagga Couple is finances as litigation does not come cheap. However after five years of working on the case, they have put a system in place called the 'green network' -where people who support the cause can get involved. Myrtle explains that people can easily become involved just by making sure that they publically stand up for the plant,
"A campaign that we're running at the moment is called "#Proudly Green". I'm proudly green. I'm proud of the fact that I use cannabis; I hate the fact that I'm being threatened by the law every day of my life. So be proudly green, come out of the cannabis closet, that's really important for us. Go and tell the people the truth about dagga, because the truth about dagga is really exciting. Let's get rid of this whole prohibitionist's paradigm once and for all".
The Dagga Couple are not alone in the fight for the legalisation of marijuana. The following 10 countries are all leading the push for the international marijuana legalisation; Czech Republic, Ecuador, Jamaica, Mexico, Canada, Spain, Uruguay, the Netherlands, Argentina and India. Will South Africa join that list in the near future or will it all go up in smoke? 2017's Trial of the Plant seems to be the determining decider and if anything it will be a blaze.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: The Trial Of The Plant - Should South Africa Legalise Marijuana?
Author: Nina Oosthuizen
Contact: SABC News
Photo Credit: None Found
Website: SABC News
