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Cannabis plant in its natural setting
Photos courtesy of Janet and Jason Sean O’Donoghue, c/o the South African Cannabis Community &
Regulatory Association www.saccra.org.za

right equipment is available. Because the SA Police Service (SAPS) has already
of this, many outdoor growers consider issued a directive which sets out certain
indoor growing too easy, and prefer the considerations where someone is found in
challenges of outdoor growing using possession of cannabis. According to the
natural farming methods and specialist directive, the SAPS official must observe
pest control in order to create high quality the circumstances and surrounding facts,
natural buds. and question the person implicated, as
well as any other person who may be
South Africa’s cannabis laws able to assist. If the official is satisfied that
the quantity of cannabis is small enough
A stand of plants growing close together and
therefore tall and less bushy. This is how hemp Following the ruling of the Constitutional to qualify as personal consumption, the
would be grown. For medicinal use, plants are Court (CC), parliament was given 24 person should not be arrested or charged
grown further apart to maximise branching months from the date of the judgement but rather the amount of cannabis and
as the flowers grow along the branches and to bring the ruling in line with South the reasons for the decision should be
produce resin which contains the medicinal African laws, with a new Bill expected recorded. In all cases, police discretion
components of the plant.
to be released soon, according to Julie must be exercised in ‘good faith, rationally
Oppenheim, a partner at law firm and not arbitrarily.’
having several harvests per year. Cannabis Bowmans. She says that “one of the few
requires 12 hours of darkness a day in facts we know for sure about cannabis The SAPS has issued a stern warning that
order to flower; outdoors, this occurs with regulation right now is that using or the establishment of illegal outlets or
seasonal change, resulting in only one growing it in private for your personal dispensaries, online sites and social media
flowering season per year. use is your own business.” However, she platforms which are marketing and selling
added that the CC did not define the cannabis and cannabis related products
High humidity can lead to bud rot and scope of private, rather leaving this to the to the public remains illegal – except
powdery mildew forming on the plant, discretion of those who enforce the law – where specifically allowed in terms of the
while temperatures that are too cold can the police, prosecutors and the courts. The Medicines and Related Substances Act.
stunt plant growth or sometimes even kill it. judgement did, however, expand private
use, possession or cultivation of cannabis There are however, still many grey areas
Indoor growing is challenging due to the beyond a home or private dwelling. It regarding the law and cannabis, and until
high costs involved. also seems (although not explicit from
the CC’s judgement), that in addition to
Pros of outdoor growing: excellent light the use of cannabis beyond one’s home, it
quality, very cheap to start, plants become may be permissible to use it together with
larger and produce more yield, easier to friends and family – provided that they are
allocate space to grow. consenting and over the age of 18.
Cons of outdoor growing: pests, higher The CC did not prescribe the quantity of
likelihood of mildew, only one harvest a cannabis that would qualify for personal
year. use. Instead, it gave parliament 24
months from the date of the judgement
Pros of indoor growing: full environmental to incorporate appropriate provisions
control, little to no pest problems, ability into the relevant legislation. Until these
to trigger flowering, easier to acquire provisions are made, South Africa’s law
high quality buds; high THC percentages enforcement officials have the discretion
due to environmental control, can grow to decide whether the amount of cannabis
throughout the year. in a person’s possession could reasonably
be believed to be more that what is
Cons of indoor growing: expensive necessary for personal use.
setup and running costs. It is easier, on
the whole, to acquire high quality bud To assist the police in the exercise of their
from indoor growing, provided that the discretion, the National Commissioner of

Cannabuddy mantis growing in a vegetable garden. The creature closely resembles
a cannabis bud and is a type of mantis which mimics the plant it grows on.
Photo courtesy of Janet and Jason Sean O’Donoghue, c/o the South African
Cannabis Community & Regulatory Association www.saccra.org.za

22 Landscape SA • Issue 92 2020