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Soft Drugs, Hard Laws

Written by: Chanté Petersen, Ben-Owen Jones and Marshall Gouts

President Jacob Zuma has instructed Health Minister Aaron Motsoaledi to investigate the possibility of legalising medical Marijuana in South Africa.

“I shall not speak or vouch for such a treatment, nor discredit it. My death or survival will do so,” says Mario Oriani-Ambrosini, making an impassioned plea while introducing the Medical Innovation Bill that aims to reassess the laws around the medicinal and industrial use of cannabis in South Africa.

Diagnosed with stage four lung cancer, the Inkatha Freedom Party Member of Parliament (MP) explains: “I was supposed to die many months ago and I am here because I had the courage of taking illegal treatments in Italy in the form of bicarbonate of soda and here in South Africa in the form of cannabis, marijuana or dagga… Otherwise I would be pumped with morphine and I would not be able to speak to you, Mr President.”

He continues to say that thousands of people are self-medicating because doctors cannot prescribe the treatment and cannot monitor its effectiveness due to legal barriers.

 “All I am saying is that it is being debated as if it has never happened before that human beings went to the MCC to ask permission for remedies that are otherwise not applicable in the country,” says Moatseldi in response.

Perhaps to the dismay of recreational users, the African Christian Democratic Party’s MP Cheryllyn Dudley responds, “We do not and will not endorse the recreational use of cannabis or any attempt to move in this direction.” However, she added that her party would support clinical trials to ‘prove or disprove’ claims made surrounding the use of cannabis in cancer treatment.

“Per usual we did not hear anything from the ACDP on how un-Christian it is to incarcerate current responsible medical and recreational users alike for using cannabis.” - Cheryllyn Dudley.

A number of telling arguments have been put forward by marijuana advocates for its recreational and medicinal use, but the best bet would be legalising it for medicinal purposes as discussion about recreational use doesn’t seemed to be entertained.

Marijuana is also known to prolong the lives of HIV patients. Henry ‘Tse’ Mngomezulu, a Sowetan marathon runner, has successfully completed three Comrades marathons and various other races. Mngomezulu is HIV-positive and says he uses marijuana as treatment. Mngomezulu is seemingly passionate about the herb. He prefers steaming and drinking the herb in his tea and is a non-supporter of cannabis as a recreational activity… but does not believe in criminalising those who choose to indulge in the ‘giggle grass’.

If we look at countries such as Uruguay and the United States of America, once legislation has been passed, the positive effects can be felt in key sectors. The President of the International Narcotics Control Board Raymond Yans suggested that the process of legalisation of marijuana in the cases of Uruguay and America wasn’t as legal as suggested when he made reference to a 1961 treaty:

The various perceptions of cannabis can be a little problematic as the information that is disseminated on this topic often consists of skewed observations and assumptions. Those in positions of power also do their bit to eradicate the ‘spliff’ by conditioning people to assume the worst - even if they haven’t experienced it.

'The main aim of the 1961 Single Convention is to protect the health and welfare of humankind,' and 'Cannabis is controlled under the 1961 Convention, which requires State Parties to limit its use to medical and scientific purposes, due to its dependence-producing potential.'

The most common fear is of cannabis as a ‘gate-way’ to other harmful and stronger substances: “People who smoke dagga partake in certain cultures and live amongst certain groupings,” are words often said with a disapproving frown. “Next thing you’ll tell us is you’re on tik.”

Perhaps this is true in some cases of abuse. But in other respectable cases, it is a gateway to healing as cannabis forms the perfect grounding for meditation in Tibetan-Buddhism and Indian holy men.

The effects of cannabis transcends beyond societal constraints and its material existence. The nature of smoking is an experience best described as ‘enlightenment’. Cannabis is the perfect ground for meditation or relaxation of the mind and a moment of contemplation before reaching clarity.

Although seen by the Law as ‘criminal’ and a ‘threat to sanity’ by elements in society, the evidence of inspirational cannabis spans centuries from classical art and literature, from the explosion of Modernism and almost every form and genre of contemporary art and pop culture.

Eating, listening to music, socialising, watching movies and television, intimacy and simply being creative is evidence of marijuana’s recreational use without adverse health, social, legal or economic consequences. It is evident that usage without such consequences is not only possible, but happening every day.

As cannabis-use shows no sign of slowing down via the black market, public awakening is accelerating. Diverse crowds formed together as a collective against the restrictive cannabis laws at the Global Cannabis March in April. Cape Town is one of the 125 cities from over 25 nations across the globe that held a protest.

Although reform appeals have become a persistent address, “What is new here is that it was raised in parliament, politically, not medically, by a very prominent Member of Parliament who spoke directly to the President and maybe that’s what is making people excited,” concludes Motsoaledi.

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