The case involving Cape Town cannabis club, THC, is likely to come before court before the end of the year. FGFA has been admitted by the Bloemfontein Supreme Court of Appeal in the THC case as a ‘Friend of the Court’ ( Amicus Curiae ), and will put forward an argument in favour of the legalization of private cannabis clubs in general.

“Although, strictly speaking, Dagga Private Clubs should be legal after the ConCourt judgement, we continue to see clubs, and particularly growers, raided by the SAPS. Both Neil (Liddel – the THC director charged with dealing) and FGFA have paid dearly to see justice done in his case, which has been dragging on for years.

“However, we are very grateful for those who have supported Neil’s Back-A-Buddy campaign  and our Dagga Private Clubs project.”

In a post on FGFA, Clarke says: “We have it all laid out through our strategic involvement in The Haze Club (THC) case. Legal uncertainty continues to reign supreme over what constitutes “dealing” when it comes to Dagga Private Clubs (DPC’s) in South Africa. cannabis is out of the Drugs Act but we still have a way to go in fighting for the legal regulation of our clubs.”

The THC case has been dragging on for years, and despite the proliferation of PCC’s around the country (estimated to be well over 40), a ruling on Liddel’s matter is critical to the unambiguous acceptance that PCC’s are part of SA’s new legal cannabis landscape. Liddel had been charged with dealing in cannabis when police bust THC’s grow op in Ottery, Cape Town, despite him having the necessary paperwork to show that THC was not breaking the law and merely providing its members with their own cannabis.

Clarke says that external legal pressure was also necessary in the landmark case of Barloworld vs Daniels over cannabis testing in the workplace: “it takes litigation to get legal certainty”.

“No employee can be dismissed for testing positive for cannabis in their system. Impairment has to be proved. There is a court order, confirmed by the Constitutional Court and this can no longer be challenged by politicians or big corporate bullies. We are on a mission to do the same for our DPCs (and cannabis culture).

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