Southern Sudan sets prison or fines for cannabis possession and use

Southern Sudan’s 2008 Penal Code made personal possession, use and growing of dangerous drugs punishable by up to five years in prison, a fine, or both. Supplying or growing for dealing fell under a separate offence with an ordinary maximum of fourteen years. Courts could order treatment for a person found to abuse or be addicted to drugs.^[1]

Personal use and supply followed different rules

The code took effect on presidential signature on 22 August 2008. It replaced the 2003 Penal Code while preserving existing proceedings and orders until changed under the new law. The printed gazette edition followed in February 2009.^[1]

Its personal-use offence covered acquiring or possessing a dangerous drug, ingesting or smoking it, and cultivating, producing or manufacturing it for one’s own consumption. The five-year maximum came with the alternative of a fine, or a combined sentence.^[1]

For a person whom the court found to abuse or be addicted to the drug, treatment could be imposed alongside or instead of the ordinary sentence. The decision belonged to the court and formed part of dealing with the criminal offence.^[1]

The chapter distinguishes plants, prepared cannabis and resin

The definitions separate the flowering or fruiting tops from the whole cannabis plant, prepared cannabis and separated resin. Prepared cannabis includes material prepared for smoking and residues after smoking. The dangerous-drug definition expressly lists the cannabis plant, prepared cannabis and cannabis resin.^[1]

Dealing was defined broadly, reaching sale, supply, delivery, transport and other connected activity. The separate offence also covered growing or holding a drug for dealing, offering to supply it, and inciting another person to consume it.^[1]

The capital tier used a specific condition: a dangerous drug other than cannabis, together with a listed aggravating circumstance. Those circumstances included organised groups, violence, abuse of public office and specified repeat offending. Other dealing carried up to fourteen years, a fine, or both.^[1]

Premises and professional handling had their own provisions

An occupier or manager who permitted premises to be used for unlawful cultivation, manufacture, supply, storage or consumption could face up to ten years, a fine, or both. That reached the person allowing the activity as well as the person handling the drug.^[1]

The code also allowed named medical, pharmaceutical, laboratory and state professionals to handle specified drugs where necessary for their work. That exception sat alongside the offences and their purposes.^[1]

The South Sudan profile uses these distinctions to explain possession, personal growing and supply separately. The code provides several possible responses to a personal-use case: prison, a fine and, when the court’s findings support it, treatment.^[1]