South Africa is among many countries facing challenges to their drug control policies, particularly around marijuana, known locally as dagga. The Medicines Control Council is developing guidelines for production for medicinal use and the country’s highest drug policy guardian has recommended broader decriminalisation. The key battle ground, however, is in the courts. A new trial is due to start in which the state is likely to expend considerable energy trying to prove that marijuana use is seriously harmful. If this is indeed the substance of its argument, it should lose. The point isn’t whether marijuana causes harm, but whether criminal prohibition is the best way to address those harms. South African Police Service statistics suggest that most anti-drug activity is against those in possession of small quantities. These are people who are unlikely to play any strategic role in drug supply, and whose deterrence or removal from the market has little prospect of having any impact ove...

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