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Not out of the woods yet


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https://www.iol.co.za/news/opinion/a-joint-can-still-land-you-in-the-joint-17515034

pertinent bit:

|"Jeremy Acton, co-complainant with Prince and founder of the Dagga Party, has also kept track of arrests since the ruling. According to Acton, two men were recently arrested in their homes in Cape Town for possession of 1kg of cannabis.

On October 11, Erik Vorster was arrested in his home at Wilderness, in the Western Cape. Vorster was growing 16 plants in his garden and had a further 177g of dry cannabis in his possession. The police charged him with dealing.

A case in point is Charmaine Wendy Sinclair’s arrest on September 21, three days after the ruling. The police deemed the 470g in her possession an illegal amount."

 

Currently the law on dealing states over 120g's is dealing so looks like the cops are sticking to that

 

 

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120g's is nowhere near enough for oil though so Im sure it can be argued in court. As far as I'm aware the cops have to prove you are selling -  scales, ziplock bags,bank bags, wods of cash etc. 

What I'd like to know is, if they are ripping up these guys crops and fail to prove that the growers are dealing, will the cops be held liable for damages?

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Dealing and selling is 2 separate issues under the law and the CC ruling said nothing about forms of consumption so arguing for oil could be tricky. Dealing is a sneaky one though because everything from transporting to possession to even just giving someone weed can be classified as dealing. Before if you lived within a 100m of a school and you have weed (regardless of amount) that was dealing too. Wonder how that works now?

Once legislation is in place you could sue for damage if the cops messed up your stash and it was legit. Some mandrax makers successfully sued the cops for damage and made them return the pill making machine so....

The big issue is that the CC said it's at the cops discretion so they can just make shit up. Looks like its going to be the wild west out there until new laws are in place.

 

Stay safe

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