411 Main Avenue, Ferndale, Randburg
Drug Possession Lawyer in Randburg
What is Drug Possession According to the South African Law?
Under South African law, possession of drugs is illegal and can result in serious penalties.
This includes both the possession of illegal drugs for personal use, as well as dealing and supplying drugs.
The penalty for possession of an illegal drug depends on the type and amount of the drug, with more severe punishments for those found possessing large quantities or who have been involved in the sale or supply of the drug. Along with possible imprisonment, those found guilty may also face a fine or be placed under community supervision.
It is important to be aware that you can still be prosecuted for possession even if there is no evidence that you have used, sold or supplied drugs to another person. Therefore, it is important to be mindful and stay informed about South African law when it comes to drugs.
The definition of dealing, according to the Drug Trafficking Act, is as follows:
In order to prove that you are guilty of dealing with drugs, the prosecutor has to establish that you were found in possession of illegal substance.
Dealing with drugs is a much more serious crime than possession, and carries harsher penalties. Chapter 4, Section 21 of the Act defines dealing as:
- If in the prosecution of any person for an offence referred to (a) in section 13(f) it is proved that the accused- (i) was found in possession of dagga exceeding 115 grams; (ii) was found in possession in or on any school grounds or within a distance of 100 metres from the confines of such school grounds of any dangerous dependence-producing substance; or (iii) was found in possession of any undesirable dependence-producing substance, other than dagga, it shall be presumed, until the contrary is proved, that the accused dealt in such dagga or substance.
Penalties:
Drugs are categorised as either “dependence-producing” or “dangerous dependence-producing”, and are outlined under Schedule 2 as Part 1 and Part 2. Cocaine is classed as Part 2 – a dangerous dependence-producing substance. The penalties vary in severity depending on the nature of the substance possessed or dealt.
Possession:
If you are found in possession of dependence-producing drugs, you may be subject to a fine, set by the court, or you could face imprisonment of up to five years…or both. If you are found in possession of dangerous dependence-producing drugs, e.g. cocaine, the custodial sentence could be up to 15 years.
The severity of the penalty will be determined by a number of factors, including whether or not it is your first offence.
Dealing:
The penalty for dealing in dependence-producing substances is also related to whether the drug is considered merely dependence-producing or dangerous dependence-producing (Schedule 2 drugs, Part 1 or Part 2).
If you are convicted of dealing in Part 1 drugs, you face a fine, imprisonment for up to 10 years, or both. Dealing in Part 2 drugs carries a heavier penalty: up to 25 years’ imprisonment.