KZN chef defends dagga use rights

Sharika Regchand

A DURBAN North chef intends challenging the constitutionality of the Illicit Drugs and Drug Trafficking Act, saying there were many health benefits to smoking dagga.

Christian Baker, 23, was successful yesterday in the Pietermaritzburg High Court in getting his prosecution, on drug-related charges, stayed in the Phoenix Magistrate’s Court, until he brings the application to the Constitutional Court.

He said in court papers that he was charged with being in possession of, or alternatively dealing in dagga on May 25 in Phoenix.

“I have been smoking dagga for years without harm… I sometimes eat it for its known medical benefits and part of my own spiritual beliefs and practice.

“I eat the seeds as part of my diet and as a health supplement due to research into the medical benefits and economic potential of cannabis,” he said.

Due to his beliefs, he had to defend himself by bringing this application and then by going to the higher court. He added that he considered the laws to be in violation of certain constitutional rights.

Baker said he was dedicated to building a culture and spirituality centred on the dagga tree as a direct means to communicate with the Creator without the need for membership of formal religious structures. He was part of the Dagga Party of SA.

Baker said dagga seeds contained up to 24 percent protein and omega 3, 6 and 9 fatty acids in perfect balance for the functioning of the human cardiac and mental health. The laws violated provisions in the Bill of Rights.

According to him, the illegality of cannabis was unconstitutional and invalid, and it was not in the interest of human rights and justice.

The enforcement of the prohibition of the drug costs the taxpayer millions each year.

“I believe that if dagga was legalised and regulated, the resources could be used in a more useful way… It would pave the way for the hemp industry.”

It would also provide economic benefits in, for instance, agriculture, paper textile, construction and many other industries.

Baker added that research showed that anything prohibited, including dagga, led to continuous demand. It also led to inflated prices, which in turn leads to organised crime, related to the supply of the product.

To support his application, Baker cited about 19 cases countrywide that were stayed in the lower courts, pending challenges to the Constitutional Court.