By Melanie Sauer
While some dagga supporters welcome the High Court’s ruling to legalize the private use of cannabis, professionals in the industry believe that it could have significant implications for young people.
On Friday, the Western Cape High Court declared it an infringement to ban the use of dagga by adults in their private homes. The new verdict ruled that individuals would now be able to possess, cultivate and use dagga at home. This has raised concerns about the impact this will have on society, including the programmes facilitated by drug rehabilitation clinics.
International examples of the decriminalisation of cannabis use, suggest that the new ruling should not see an increase in substance abuse.
“In Amsterdam there was definitely an increase in cannabis use under controlled circumstances, but not an increase in the number of substance dependent cases,” says Shuaib Hoosen, treatment manager at the Sultan Bahu Centre in Cape Town.
Despite this, Hoosen says that the centre would never condone the use of cannabis due to the exacerbated outcomes that occur from sustained use of the drug. This includes substance-induced psychosis, and the aggravation of existing mental conditions.
“The Western Cape is a unique case,” says Hoosen.
“Those who use illicit substances, use a combination of different substances, cannabis included.”
Cannabis is “a gateway drug” that can lead to an individual engaging with more severe substances, such as cocaine, methamphetamines (tik) and heroine. While this may not always occur, there is an increased risk, especially for younger people.
“The younger a person starts to use substances, cannabis included, the more profound the impact this will have on their life in the future,” says Hoosen.
But the other organisations believe the use of dagga can be used as an “exit drug” in rehabilitation programmes. The Anti-Drug Alliance, which supported the application, said the use of dagga has its benefits in terms of assisting alcoholics with rehabilitation. But this view is not shared by others working in the field of substance abuse rehabilitation.
The verdict did not specify the amount of cannibas a person is allowed to cultivate, or what age they must be to cultivate and/or use the substance.
The effect of cannabis “differs from person to person” and ultimately can cause problems socially and psychologically, says Hoosen.
Although Hoosen respects his clients’ rights to self-autonomy, he endeavours to educate them on the dangers of cannabis use.
“Our clients need to know the pros and the cons of cannabis use, and from a psychiatric perspective, the cons are well documented.”
While Hoosen does not believe we will see a difference in society’s perception of the drug, changes to the Drug Trafficking Act and Medicines Control Act, are likely to have more of an impact.
The application lodged to amend the Drugs and Drug Trafficking Act, 1992 argued that the criminalisation of dagga use and possession violated a person’s right to equality, dignity and freedom of religion. Justice Dennis Davis however declared sections of the act unconstitutional and invalid, on the basis that it denied an individual’s right to privacy. This addressed the application’s claim that the distinction between dagga, alcohol and tobacco was irrational and could not be justified.
The ruling will be confirmed once the Constitutional court refers it to the National Assembly. VOC