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“EXCELLENCE THROUGH KNOWLEDGE” P A G E 121 criminal record. Possession of this quantity however, MAY be ticketable. It would therefore seem that the police officer has discretion whether or not to issue the ticket. It may appear trifling and/or amusing to this audience – but the question has been asked – will all police officers now be armed with state-of-the-art scales? How is two ounces to be determined with certainty other than with a measuring device? Will the ticketing system be treated by the public with as much contempt as the traffic ticketing system? These are but a few of the concerns expressed by the man in the street. The determination of adherence to the Rastafarian faith is yet another burning issue. What exactly is the process of determination? Appearance? Attending religious meetings? My non-attendance at church services does not make me any less an Anglican or a Christian, for that matter. Arguably, it may make me a bad Anglican or bad Christian (if the latter is possible), but no less an Anglican by religious affiliation. The determination of adherence to the faith should be interesting, if not challenging and bereft with subjectivity. The legislators will have to attempt to clarify terms such as ‘religious purposes’, ‘sacrament’, etc. Also, there ought to be clear guidance as to the quantum that is deemed permissible for such designated purposes. The cultivation by householders of five ganja plant or more ought to meet with some innovative spins over time and the justice system may be clogged with indictments for over-cropping! Some questions that could arise – does my live-in domestic helper not constitute a separate household? Is she not therefore entitled to her independent five plants? Are my adult sons who just occupy certain rooms under a common roof not regarded as a separate household? Are they not entitled to their five plants? What about the so-called ‘tenement yards’? Are not all the separate households contained therein entitled to their five plants? Further, who exactly will be charged with the responsibility to monitor cultivations in individual households? In practical terms, therefore, will this limitation be adhered to? The truth be told, over several decades the experience with the Dangerous Drugs Act as it pertains specifically to ganja created a large burden for law-enforcement agencies, the prison system and the courts prior to the recent amendments. With this in mind, it is only fair to give this bold and interesting bit of legislation an opportunity to mature and evolve rather than condemn same to certain failure coupled with resultant tyranny for scarce benefits and spoils to be derived from a plant that can garner tremendous benefits for socioeconomic growth and prosperity, if managed in a fair and unbiased manner. Due adherence to the amended legislation could, no doubt, have positive results. As with all things new, an ageing process is necessary in order to really test the veracity of the subject. The legislators should be applauded for bringing to fruition this bold and long overdue initiative, and with the development of accompanying regulations, the passage of the Dangerous Drugs (Amendment) Act, 2015 has the potential to herald a new and positive dimension in our developing legal system.
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