The Haze Club - They will grow weed for you

[Ill_Evan]

12 hours ago, Chris Jay said:

I think GOA has about 24 "licensed" coffee shops now, all according to them within the legal framework. Now that is not coming from a stoner but an expensive lawyer who speaks latin and a big briefcase.

Yeah, and THC also have expensive lawyers, lawyers who in fact were involved in the very constitutional court that GOA are using the judgment of to create their own in-house framework. I also don't see THC listed as an affiliate on GOA. THC are the ones fighting the real battle, in court, in this country, instead of passive aggressively breaking draft laws that aren't even enacted yet. 

2 hours ago, ORGANinc. said:

I get the whole empowering the community scheme and getting everyone to grow more and make things more accepted, but at the end of the day, we need to see face value of this thing, government see illegal farms as part and parcel of the Justice system, the same Justice system that is still amending the bill

I think we're reaching a point where the cannabis industry is going to have grown so big and have entrenched itself so much into communities through retail establishments and cafes that the justice system will inevitably have to catch up with the community, and I think this is what GOA and people like Chris Jay are pushing for. I just think it's risky business, but I guess that's what comes with social activism, but then let's call it that, and not a 'legal framework' or a 'license', because those do not exist within the cannabis industry except via the Medicines Act. 

[Weskush]

 

[Ill_Evan]

4 hours ago, Weskush said:

 

Thank you, this was very insightful @Weskush

I really like how Cradlestoned Quality Solutions runs things. Informative website with clarity on the legal situation in the country and a great FAQ page for newcomers. Very well done to them. I also like their model about keeping all things cannabis club related on-site. Their resources page also has pretty much everything one needs to know with sources in terms of the cannabis industry and it's current legal standing that anyone can self-research. 

[Ill_Evan]

It's starting to get hot in here 

[The_StonedTrooper]

21 minutes ago, Ill_Evan said:

It's starting to get hot in here 

Let's go

[Ill_Evan]

6 more sleepies 

[ORGANinc.]

8 hours ago, Ill_Evan said:

6 more sleepies 

I really hope some concrete information comes from this in the name of progress ☝

[ORGANinc.]

Disclaimer - I'm not sure the source from where this article was created but this is ground breaking news as this is more progressive than Ive ever heard coming out of one of these committee meeting, this may have been at the end of the Portfolio committee meeting for public hearings, but its only coming out now after the latest and greatest already came out of the public comment reviews, this may have been a separate discussion with stakeholders and MPs, some real discussion it seems. Read below, article form Cannbiz New africa Brett hilton Barber.

 

State Concedes that Private Cannabis Clubs Might Be a Good Idea After All!

Senior State Advocate Sarel Robbertse has unwittingly provided ammunition for The Haze Club (THC) director Neil Liddell’s Cape High Court application to have Private Cannabis Clubs (PCC’s) declared legal once and for all. Lidell’s case comes up on Monday 6 June 2022, just days after Robbertse told Parliament that PCCs may be a valuable tool in allowing cannabis consumers who did not have access to private property to have an alternative mechanism.

Cannabis Bill Kicked into Touch – Will Resurface in Parliament in August

Senior State Law Advisor Sarel Robbertse has been given two and a half months to make the Cannabis for Private Purposes Bill (CPPB) fit for purpose. Parliament’s Justice and Correctional Services Portfolio Committee met on Tuesday to hear how the State would respond to private stakeholder input on the Bill, which in its current state is clearly unconstitutional . Robbertse’s rambling response did not instil confidence in the Committee, and although he asked for 10 days to get the legislation in order, Committee chair Bulelani Mgwanashe thought it best he take more time and present again in August 2022, after the Parliamentary recess. To what extent the new version of the Bill will incorporate the work done by the Private Sector Working Group’s (PSWG) legal team is at this stage unclear, but what is clear is that Friends of Hemp South Africa co-founder M Ayanda Bam, has played a major role behind the scenes in getting an over-arching cannabis regulatory framework developed that will eventually replace the CPPB.

Justice Department Says It’s Not the Right Authority to Regulate Cannabis

The Justice Department has finally admitted that it is not the right body to regulate cannabis. Robbertse was at pains to point out to MP’s that he was justified in taking a narrow view of the Prince Judgement and his job was to enable legislation that allowed consenting adults to consume cannabis in private. He wasn’t expecting to have to take on the rights of traditional growers and healers, public use by the Ras Tafari and other cultural communities, as well as Private Cannabis Clubs. All that, said Robbertse, was for other Government Departments to pass appropriate legislation.

Important note – it may actually be happening! Robbertse told the Committee in passing, that he was also working on amending the Drugs and Drug Trafficking Act, which industry stakeholders have identified as a major stumbling block to getting a cannabis economy going.

Big Issue Coming Up: Cannabis Legalization and Substance Abuse by Youth

One of the main issues Government is having to tackle is how it deals with kids, cannabis and the criminal justice system . There is evidence from abroad that decriminalization can lead to an increase in substance abuse amongst teenagers, and in South Africa it has to be taken into consideration that cannabis is the most widely-used illicit substance, and is a foundation ingredient in harder drugs like whoonga and nyaope. Portfolio committee MP Steve Swart is rightly raising alarm bells as to how cannabis legalization could harm kids.

[SkunkPharm]

So the case was in the Cape High Court yesterday. The defence and state made their cases why it should or should not be legal. It was basically an application to the court to say if Cannabis clubs are legal under the September 2018 Constitution Court verdict. If they win this there is going to be an increase in clubs across the country. They expect judgement to be handed down next week. Still waiting for Fields of Green for all to load the whole case on their YouTube channel. 

[jabulanithehutt]

https://www.businessinsider.co.za/first-cannabis-club-in-south-africa-at-the-high-court-2022-6

[Chris Jay]

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."

Quote

 

In handing down judgment, Judge J Slingers said recognising the grow club model would be impractical and nonsensical as it would allow the applicants to engage in conduct which would contravene sections 4(b) and 5(b) of the Drugs Act.

“The operation of grow club models, which are not subject to any statutory or legal guidelines or regulations, could increase the possibility of dealing.

 

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

[Ill_Evan]

Bleak day, but they are likely to appeal so there's another 3 year stretch. Supreme court is likely to say the same though, this is a legislature problem, not an interpretation problem. Government needs to legislate the laws now. However, if they appeal again to the Constitutional court, we might just come full circle again. 

For anyone who'd like the official judgement I'll upload it here below.

1 hour ago, Chris Jay said:

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

Lol they are using the same picture of what they called a "dagga lab" from a bust not too long ago to represent grow clubs  bunch of muppets. 

768129391_TheHazeClubvMinisterofPolice20222101-2021(WCC).pdf

[Chris Jay]

Yes, I think in reality this has awoken lions and they going to fight this tooth and nail. I do know of another big drive at the high court level for cannabis that might be kicking off this month. So it might just speed things up. Interesting days ahead and see what the trail blazers do.