Cannabis Freedom Index
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Easing 🇿🇦 South Africa

South Africa ends mandatory prison terms for dagga

Index score

711

+4 points

An amendment to the 1971 drugs law did away with its mandatory minimum prison sentences, made fines possible and let courts suspend a sentence in whole or in part. Since 1971 a first conviction for possessing dagga had meant at least two years, and since 1973 not even part of that minimum could be suspended. A court in 1989 said the change let judges fit the sentence to the offender, with fewer limits set by law.[1][2]

Score by segment 0 to 10

  1. Possession · 25%1 1
  2. Personal cultivation · 25%1 1
  3. Punishment & enforcement · 20%0 2+2
  4. Sharing & gifting · 10%1 1
  5. Consumption · 10%1 1
  6. Legal access · 10%0 0

The bar shows the score after the change; the tick marks where it stood before. South Africa's scores have changed again since.

References

  1. Transvaal Provincial Division — S v Kekana 1989 (3) SA 513 (T), 19 January 1989 (headnote)
  2. Witwatersrand Local Division — S v Antwi, 19 November 2004 (2005 JDR 0102 (W))paras 17–21

Checked. The date and the event were compared with a source that was read. The score before the change is an editorial estimate.

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