Sad outcome for the Haze Club, and terrible news for our great social clubs in general. Its seems a couple Social clubs have closed doors since the outcome.
"CANNABIS GROW CLUB MODEL
Following the Prince Constitutional Court judgment, an adult may lawfully cultivate and possess cannabis for his or her personal consumption in a private space. Mr Liddell is the director of The Haze Club and Mr Van Houten an employee. They were arrested at the business, where they grow cannabis on behalf of customers, and their plants and dried cannabis were seized.
Applicants seek a declaratory order that the grow club model, a socialised system of cannabis cultivation in terms of which the applicants rent out private space to the members by means of a sublease, wherein the members grow their own cannabis for personal consumption, is lawful and consistent with the Prince judgment. Alternatively, the applicants seek to declare certain provisions of the Drugs and Drug Trafficking Act 140 of 1992 as inconsistent with the Constitution and therefore invalid, to the extent that they criminalize the use or possession of cannabis through the grow club model.
SLINGERS J discusses the applicants’ contention that they use their horticultural skills at the business and the cannabis remains in the possession of their members; the terms and conditions of their contract with their members; the contention by the police that the grow club model falls foul of the Drugs Act and that the Prince judgment does not allow the cultivation of cannabis belonging to another; the Prince judgment and the right to privacy; that this judgment was in the context of use in a private space, while the grow club model is a socialised system of cannabis cultivation; the common areas in the business; the definition of “deal”; and the contentions on the right to freedom of trade in section 22 of the Constitution.
The applicants seek to transpose the Prince decision, which was determined within the context of personal privacy, as protected by section 14 of the Constitution, to a commercial context. The grow club model has the potential to cultivate cannabis on a large-scale and to generate huge amounts of money. In light of the shared characteristics between a dealer of cannabis and the grow club model, the limitation on the applicants right to choose a trade as a cannabis grow club or cannabis horticulturist was reasonable.The application is dismissed."
https://www.iol.co.za/news/crime-and-courts/a-blow-for-cannabis-grow-clubs-as-judge-rules-against-the-haze-club-40bbf99a-c05b-477b-93f9-2a40dcd811fe