South Africa: Constitutional Assembly Resources

2 November 1994


Re-Legalise Hemp/Dagga: An Open Letter to the State


Ahoy Brethren and Sistren!

Yes, that means you! Whether you're a police, magistrate, prison warder, prisoner, lawyer, doctor, judge, housewife, househusband, worker, Rasta, butcher, baker, candlestick‑maker, unemployed, environmentalist, politician, farmer journalist, man or woman, young or old, or any ordinary citizen of the New South African, this concerns you!

This is an "open letter" to the state but as an open latter it is meant for all to read as it concerns us all. It is being published to coincide with a peaceful and legal public demonstration in Paarl on Saturday 5 November to the magistrate's court where this document is to be handed aver to representatives of the SAP, SANAB, the Correctional Services, and chief magistrate.

There have been a number of marches in recent times to re‑legalise hemp/dagga including in Cape Town (Cape Times 16/7/90), Knysna (23/7/93 and 94), and now Paarl! This tide to 'free' one of God's creations, hemp/dagga, from of about 45 years of banning must be seen content of: * many in the medical profession calling for the legalisation or decriminalisation of dagga including Dr. Frances Ames at UCT (Cape Style October 14 page 43),(there is no clear evidence that hemp/dagga is addictive nor has permanent physical damage been demonstrated nor is there such a thing as a "dagga overdose"); *the admitted failure of the police’s war an drugs (Sunday Times 16/5/93); *and the trend in, for example, England from which we take so many of our cues, Where it has been decriminalised and is grown for rope and tree-free paper (Burger 19/7/93).

Hemp/dagga was only declared a weed in South Africa as recently as 1737 and the funny but sad thing is that no medical trials were conducted on hemp/dagga or used to justify its banning so one wonders why it was ever banned in the first place! Its re-legalisation will be advantageous to everyone as it has numerous beneficial and documented USES including, medicinal and therapeutic (e.g. glaucoma and nausea. treatment of chemotherapy patients), nutritional (for human and animal), industrial (fuel, oil, long lasting rope and fabric), economic (state revenue, jobs) environmental and social..

But the public protest in Pearl is not just about these advantages of hemp/dagga, nor is it just about the recreational use of a joint and getting stoned! Above all it is a human rights issue Lives are begin destroyed not because of hemp/dagga but precisely because it is illegal'.

How is this possible? Simple! Traditional healers use hemp/dagga, Rastafarians use it in religious rites and millions of recreational users smoke it, yet as the law stands now, if arrested they are sentenced to jail The result: innocent people often the sole breadwinners of their families languishing in prison so whole families are destroyed! And for what? Only because we have archaic laws telling us hemp/dagga is illegal.

According to Clause 14 of the new constitution "Every person has the right to freedom of conscience, religion, thought, belief and opinion". This means ailing someone for a so called crime associated with hemp/dagga is an abuse of human-rights.

Re-legalisation would benefit both state and citizen. The state could concentrate on catching real criminals and tax‑payer's money would be saved as less people would be imprisoned. The hardened criminal element associated with things illegal would also be removed, Remember AI Capone? He would not have been a successful gangster if alcohol had not been prohibited in the United States. Prohibition only leads to corrupt dealers and corrupt police because it means big money. It really does happen: "Policemen in court over dagga" (Argus 914/94), "Bewaarders aangekla in daggasaak" (15/9/92). Prohibition only boosts crime as it restricts supply and thus raises the price of hemp/dagga, making it a viable business for the dangerous criminal element. Hemp/dagga seizures only boost the profits of those whose supplies have not been seized and there is always someone to fill the shoes of those jailed.

HEMPSA's call for the re-legalisation of hemp/dagga will have the following benefits for all South Africans

* Social:

1. human rights should be protected in accordance with the new constitution which enshrines freedom of conscience and religion but this is not presently the case as e.g. Traditional healers and Rastafarians are jailed for practising their faith when using hemp/dagga in religious rites;

2. family unity would no longer be destroyed by the unnecessary imprisonment and persecution of 'prisoners of conscience' who are often the sole breadwinners of their dependants;

3. the removal of gangsterism and dangerous criminal elements associated with prohibition will be stamped out. 4. the lung standing cultural USE of hemp/dagga in traditional African cultures will be re-established (No society has ever collapsed because of hemp/dagga use). 5. increased freedom through education in our society as myths often believed by professionals such as doctors or police (eg hemp/dagga loads to violence) will be dispelled.

* Economic:

1. eradicate the waste of tax-payers money spent on innocents languishing in jail (At R43/day this adds up to millions of rands which could be used to provide jobs in a hemp/dagga industry);

2. police can focus on catching dangerous criminals;

3. government revenue;

4. economic growth

5. job creation;

6. foreign exchange from hemp products

* Industrial:

1. oil ( far lighting and as a drying agent in lacquers and thinners and fuel (methanol)

2. rope and fabric (for clothing) more durable than that of any other natural fibre;

3. tree-free paper (four times as much paper can be obtained from hemp/dagga than from trees an the same surface area);

* Environmental:

1 re-legalisation will stop environmentally harmful practises pointed out by the Wildlife Society in its annual policy statement of 1991 including

1. harmful pesticide use in police operations and
2. the police compelling hemp/dagga growers to move into

environmentally sensitive areas such as remote indigenous forests;

2. tree-free paper (four times as much paper is obtained from one acre of hemp/dagga compared to one acre of trees). 3. biodiversity maintenance and

4. the greening of South Africa as hemp/dagga is a suit enricher and stabiliser

5. Integrated Pest Management and intercropping using companion planting provides more ecological stability than monaculture (one crop farming) especially with e.g. cabbages.

Medicinal and therapeutic:

1. Ashma relief

3. glaucoma treatment;

4 nausea relief (for cancer patients undergoing chemotherapy and AIDS related illnesses).

5. epilepsy, multiple sclerosis, back pain and muscle spasms;

6. antibiotic, antibacterial treatment (far e.g. gonorrhoea I herpes treatment);

7.arthitis, herpes, cystic fibrosis, rheumatism;

6. lung cleaner and expectorant

9. Insomnia relief and tranquillisers;

10. Therapeutic emphysema potential

11. Stress and migraine relief, depression treatment:

12. Appetite stimulant (e.g. anorexia);

13. Saliva reduction (e.g. for dentistry)

* Nutrition:

1. Hemp/dagga seed has the highest percentage of any plant

in essential fatty acids,

2. the complete protein in Hampstead gives the body all

essential amino acids and has the lowest percentage of saturated fats.

With all these beneficial uses of hemp/dagga how can the banning of this wander-plant be justified?

Tell us how you feel!

HEMPSA: Help End Marijuana Prohibition in South Africa.

So what are our demands"

We, members of the Paarl community, concerned citizens, families and friends of those jailed for so-called crimes related to hemp/dagga Rastafarians, members of the Universal Movement of Rastafari, environmentalists, members of HEMPSA, those absent because of feared victimisation and intimidation and all present at the public demonstration through the streets of Paarl on this day Saturday 5 November 1994 demand the following as cur God-given and unalienable human rights:

1. The re-legalisation hemp/dagga;

2. The release of all those incarcerated fur go-called crimes related to hemp/dagga as "prisoners of conscience” 3. A reply to this open letter handed over to state representatives at the magistrate's court an 5 November.

What can I do?

As this "open letter" to the state is being handed aver to local civil servants and as the above demands cannot be met overnight we make the following recommendations and demand they be addressed immediately:

l. Employees of the state apply for the establishment of an official Commission of Enquiry into the re-legalisation of hemp/dagga.

2. Establish a moratorium on arresting and sentencing

individuals for anything hemp/dagga related until the Commission of Enquiry has been completed. This is not a call to break the law but a recommendation for a 'go slow' cm this delicate issue.

3. The beliefs of Rastafarians be respected i.e. the right to wear dreadlocks in prison (Rastafarians take their instruction to wear dreadlocks from the vow of the Nazirites in Numbers Ch. 6.

the right to food prepared according to their beliefs an is the case with other forms of belief such as those held by Muslims and Jews.

4. Write to your member of parliament and tell him/her what You feel.

5. Reply to HEMPSA and tell us how you feel.
6. Circulate this open letter.

Guidance!

Prince Dubby aka Oliver Hohn

HEMPSA