Cannabis Freedom Index
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Ban 🇿🇦 South Africa

The Orange River Colony bans giving and receiving dagga

Giving cannabis to another person, selling or exchanging it, and obtaining it from someone else became offences in the Orange River Colony.[1] The ordinance followed the prosecution and fining of Africans under a military proclamation left over from the South African War.[1] Neighbouring Transvaal officials also sought restrictions, but later inquiries among mine managers and local officers found substantial opposition to a ban.[1]

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The Orange River Colony made giving and receiving cannabis offences in 1903, including sales, gifts and exchanges.[1] Known locally as dagga, cannabis came under civilian restrictions after Africans had been prosecuted and fined under a military proclamation left over from the South African War.[1]

Wartime controls entered civilian law

Britain’s victory in the war left officials governing the former Boer republics and deciding how older controls would operate in peacetime.[1] Historian Thembisa Waetjen traces the Orange River measure to confusion over a military proclamation still being used against African people holding dagga.[1]

The colony adopted those provisions in its Dagga Prohibition Ordinance.[1] Its wording covered both sides of a transfer: supplying cannabis and obtaining it from somebody else.[1]

For users who acquired cannabis through gifts, barter or purchase, those ordinary transactions now fell within the prohibition.[1] A payment was not needed for the supply restriction to apply.[1]

Neighbouring officials wanted controls too

In the Transvaal, officials also argued for restrictions, attributing intoxication, lost usefulness and violence to African dagga smokers.[1] But their proposals encountered another part of colonial administration concerned with keeping the gold mines supplied with labour.[1]

A 1908 labour-bureau survey asked mine inspectors and other officers what they had actually observed.[1] Many respondents described moderate use and saw little reason for prohibition, while some feared new restrictions would discourage men from coming to work.[1]

The neighbouring territories therefore produced different responses to the same plant.[1]

Colonial rules followed different interests

The Cape Colony’s 1905 policy took another route by placing cannabis on a poison list and reserving sales to chemists.[1] Growers opposed the commercial power that gave those buyers, while medical campaigners continued to seek stronger controls.[1]

Waetjen places these disputes within a divided political landscape before the colonies joined the Union of South Africa in 1910.[1] Cannabis policy involved labour recruitment, professional authority and racial government as well as claims about intoxication.[1]

A national ban came later

The national prohibition of 1922 eventually brought cannabis within a Union-wide drug-control system.[1] Officials still argued about enforcement, leading to a compromise in remote African areas.[1]

The Orange River ordinance was one step in South Africa’s history: an early restriction whose neighbours’ disagreements showed that a uniform national policy had yet to be made.[1]

Listed for context. No score change is recorded for South Africa here.

References

  1. Dagga: How South Africa Made a Dangerous Drug, 1902–1928Thembisa Waetjen · In Cannabis: Global Histories, edited by Lucas Richert, James H. Mills · MIT Press · 2021 · Chapter 4, pp. 83–107 · ISBN 9780262045209

Checked. The date and the event were compared with a source that was read.

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