September last year, South Africa’s highest court ruled that the personal use of cannabis, in the context of a private home, is not a criminal offence. In an unforeseen move, the court ruled the ban on private possession and consumption, and cultivation of the plant for own use as unconstitutional.
Following the court’s ruling, investors and business people have leveraged on this decision to open business avenues linked to the use of cannabis.
A new business has been launched in Cape Town which seeks to grow weed for clients and deliver it to the doorstep once it is ready for the market. The group offers those busy with the chance to still grow quality cannabis without having to worry about monitoring the growth process.
“The club simply assists members in exercising their constitutional right to grow cannabis in their own private space. The club also limits each member to a maximum of two plants. The amount of cannabis is small enough that there can be no doubt that it is for personal consumption.”
The company leases out space, grows cannabis, and monitors the plant on behalf of its clients to ensure the end product is of good quality. It does not supply seeds.
“As the law currently stands, (the club) can only grow that which is yours,” it said. “We do not supply seeds or clones.”
The firm says that the business is legal as it operates within the confines of South African cannabis laws.
“The Judgment is clear that adults may use/possess/cultivate cannabis in private spaces. In fact, the definition of ‘deal in’ in our Drugs Act has already been amended accordingly, by operation of the Judgment,” Partner at Schindler’s Attorneys, Paul-Michael Keichel said.
“Take, for example, a group of cannabis-using varsity students, who rent a house together, with a private garden. They, clearly, may now (in terms of the judgment) grow and consume cannabis together in that garden (their rental rendering it in their collective private space – ownership not being a requirement).
“Similarly, they may grant their gardener access to their private garden and, unless he has an objection, mandate him to water, fertilise and, otherwise, tend to their cannabis plant/s. This would, quite obviously, not render the gardener a dealer, nor his gardening service a drug deal, nor the students’ hiring of him the purchasing of cannabis.
“No cannabis changes hands for money. You only get out what you put in, and no guarantees are made as to yield, quality, etc.,” he said.
Some parts in the club’s grow facility are divided and rented to its members hence making it their private space, which is in line with what the law says.
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