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Criminalising cannabis in South Africa: a history and post-Prince discussion
This thesis circles around the history of the criminalisation of cannabis as well as its decriminalisation around 100 years later. While dagga was cultivated and used by the indigenous tribes long before the first settlers arrived and even remained a legal substance during the colonial period, with...
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| Format: | Thesis |
| Language: | English |
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Department of Private Law
2021
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| _version_ | 1867613176857624577 |
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| access_status_str | Open Access |
| author | Weihrauch, Ronja |
| author2 | Omar, Jameelah |
| author_browse | Omar, Jameelah Weihrauch, Ronja |
| author_facet | Omar, Jameelah Weihrauch, Ronja |
| author_sort | Weihrauch, Ronja |
| collection | Thesis |
| description | This thesis circles around the history of the criminalisation of cannabis as well as its decriminalisation around 100 years later. While dagga was cultivated and used by the indigenous tribes long before the first settlers arrived and even remained a legal substance during the colonial period, with the implementation of the first national legislation in 1922, the long history of harsh punishments began. Relating the harsh legislation on dagga to its estimated risks, I ultimately confirm dagga to be the black sheep among drugs, having experienced a racial prohibition. In September 2018, the Constitutional Court partially decriminalised dagga, due to the inconsistency of certain regulations prohibiting the use, possession, and cultivation of dagga with the right to privacy as referenced from section 14 of the Constitution. Emphasising the significant and practical impact of this judgement, possibly positive effects of the decision as well as the newly introduced Cannabis for Private Purposes Bill on the desperately overwhelmed criminal justice system are examined. Concluding, I find that the discourse around dagga most certainly is far from complete but that we have to continue conducting it. Because if history teaches us one thing it is that dagga is here to stay. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/33974 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:58.458Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/33974 Criminalising cannabis in South Africa: a history and post-Prince discussion Weihrauch, Ronja Omar, Jameelah Private Law This thesis circles around the history of the criminalisation of cannabis as well as its decriminalisation around 100 years later. While dagga was cultivated and used by the indigenous tribes long before the first settlers arrived and even remained a legal substance during the colonial period, with the implementation of the first national legislation in 1922, the long history of harsh punishments began. Relating the harsh legislation on dagga to its estimated risks, I ultimately confirm dagga to be the black sheep among drugs, having experienced a racial prohibition. In September 2018, the Constitutional Court partially decriminalised dagga, due to the inconsistency of certain regulations prohibiting the use, possession, and cultivation of dagga with the right to privacy as referenced from section 14 of the Constitution. Emphasising the significant and practical impact of this judgement, possibly positive effects of the decision as well as the newly introduced Cannabis for Private Purposes Bill on the desperately overwhelmed criminal justice system are examined. Concluding, I find that the discourse around dagga most certainly is far from complete but that we have to continue conducting it. Because if history teaches us one thing it is that dagga is here to stay. 2021-09-20T08:05:40Z 2021-09-20T08:05:40Z 2021 2021-09-20T08:05:12Z Master Thesis Masters LLM http://hdl.handle.net/11427/33974 eng application/pdf Department of Private Law Faculty of Law |
| spellingShingle | Private Law Weihrauch, Ronja Criminalising cannabis in South Africa: a history and post-Prince discussion |
| thesis_degree_str | Master's |
| title | Criminalising cannabis in South Africa: a history and post-Prince discussion |
| title_full | Criminalising cannabis in South Africa: a history and post-Prince discussion |
| title_fullStr | Criminalising cannabis in South Africa: a history and post-Prince discussion |
| title_full_unstemmed | Criminalising cannabis in South Africa: a history and post-Prince discussion |
| title_short | Criminalising cannabis in South Africa: a history and post-Prince discussion |
| title_sort | criminalising cannabis in south africa a history and post prince discussion |
| topic | Private Law |
| url | http://hdl.handle.net/11427/33974 |
| work_keys_str_mv | AT weihrauchronja criminalisingcannabisinsouthafricaahistoryandpostprincediscussion |