WHOOP-WHOOP! It's da sound of da POLICE!

That remains such a dope tune, filled with the bittersweet nostalgia of scoring – sometimes waiting hours for your plug to actually “be there in 10 minutes” – before hunting for a quiet, hidden away spot to toke, and hoping the cops don’t suddenly come and puff up the night.

Unfortunately, laws and policies often change much faster than people do, and cops are also just people. Many remain indifferent to the Prince Judgement, the 2023 Police Directive, and the growing acceptance of cannabis use in private. 

Sadly, there are still members of law enforcement who also choose to remain ignorant of the many changes to how they may and may not act when it comes to cannabis-related matters. 

Police ignorance is not our only concern. Arrests are an ongoing reality for our community, as is police intimidation, harassment, and brutality. 

This is exactly why you need to know and understand your rights as well as what you can do when things go wrong. An ignorant cop is one thing, but an arrogant one is just so much worse! Knowing what to do and what to say can go a long way in saving your own bacon.

STAY CALM

Remember, if you do face the police, you will need to do your best to appear calm even if your heart is pounding through your chest. You definitely want to breathe, stay calm, and keep your tone respectful when dealing with the blue boys and girls, even if they are not respectful in their own tone or behaviour.

It's okay to be scared. Take a moment to breathe and get your phone out and ready to record. 

Be polite, speak clearly, and try to avoid swearing. 

You do not have to open your gate - you can speak with the police through it. 

KNOW YOUR RIGHTS

We have various rights around our private use of cannabis as adults. These rights are enshrined in our Constitution, the highest law of the land, and are supported by the Privacy Judgement and the 2023 Police Directive on Cannabis-related Matters. 

CONSTITUTIONAL RIGHTS

Following the 2018 Constitutional Court Ruling, aka the Privacy Judgement or Prince 3, adults in South Africa have held the right to have and use cannabis in private spaces like our homes, gardens, cars, caravans, Social Clubs.

We therefore hold the Constitutional Right to have and use cannabis in private spaces as part of our Constitutional Right to Privacy. 

You may ask any members of law enforcement - SAPS, Metro, Private Security - to introduce themselves properly and to state their purpose for approaching you and/or your private space.

You may lawfully request that police officers show you their identification and service number. You may also demand that they present you with a warrant if they want to enter your private property, be it your home, garden, or your car. If police officers do not have a valid warrant or if the warrant is not signed by a magistrate or contains errors like no date or incorrect date, no address or the wrong address, the wrong name, or a wrong or unclear reason for wanting to search your private space or to arrest you, you may deny them entry.

Remember, Section 14 of the Constitution protects your right to privacy. It is also important to note that your person, including your bag, and your property, including your car, are all private spaces and cannot just be searched based purely on suspicion. You may want to remind them of this.

2023 POLICE DIRECTIVE ON CANNABIS-RELATED ARRESTS

You can ask law enforcement if they are aware of the 2023 Police Directive on Cannabis-related Matters as well as the 2018 Privacy Judgement. However, they may plead ignorant and still give you trouble. This is also why it is important to record the encounter.

Due to unlawful arrests continuing well after the 2018 Constitutional Court Ruling, the National Commissioner of the South African Police Service, SF Masemola, issued a Directive on Cannabis-related Matters in 2023 to help officers understand their mandate around cannabis. The Directive also outlines that police may face disciplinary steps if they act against this Directive. This Directive was also preceeded by one issued in 2019, just after the Privacy Judgement. 

The 2023 Directive was circulated nationally. It remains valid until such time a new directive is issued and/or regulations are published that clearly state what police officers may and may not do in terms of arresting people for the use, possession, and cultivation of cannabis.

The Directive is very clear on privacy as well as the collective ownership of cannabis. A private space is understood to be “any space that the public does not have access to as a matter of right”. 

It also outlines that arrests cannot simply be made for “personal and private cultivation and/or possession of cannabis, which activities are not criminal”. 

It is also very clear about quantities and how police may not “presume that a person is in fact dealing in cannabis” due to how much they may possess or be cultivating. The Directive further highlights that “there is no definition or quantification of the concept of ‘personal consumption’ the South African Police Services is at risk if they arrest a person for possession, use or cultivation” if the arrest does not result in conviction.  

To sweeten the deal, the SAPS have to follow strict steps before even considering knocking on your door. 

To crisp up the bacon - theirs, not yours - the Directive explicitly states that “Failure of a member to comply with these instructions may result in disciplinary steps”. 

So, be sure to keep a copy on hand, either easy to find on your phone or printed out and quick to grab. You can find a copy of hte 2023 Police Directive HERE. 

PHONES UP, BONGS DOWN

If the police confront you, whether you are at home, in your car, at your Social Club, or simply out and about, get your phone out and hit record. 

We have held the legal right to record officers of the law for many years now. This right was strengthened in a case in 2025 in Jacobs v Minister of Police and others. 

You will want to keep your distance when recording police, so as to not “interfere” with their operations. It is not uncommon for police officers to become verbally abusive and physically aggressive, and recording them may likely trigger and/or aggravate bad behaviour. 

You also want to make sure that they can’t grab or knock your phone out of your hand, so keep a bit of space between you and them.

Remember, it’s always best to keep things as calm as humanly possible, so don’t jam your phone in their faces – no-one likes that even on a good day! 

If you are with anyone during an encounter with the police, make sure that at least one of you records the police and the other handles the exchange. If you are a group, the more phones you have recording, the better. 

GET SUPPORT

It is highly recommended to contact your Social Club if you are confronted by law enforcement on a cannabis-related matter. Good Social Clubs take pride in their support of Members both at the Social Club and beyond. Your Social Club will support you as far as is reasonably possible - so make sure you keep calm and do your best to reduce harm. How you behave will determine how well your Social Club can assist you in frying that bacon up!

Be sure to save your Social Club’s Contact and Emergency Contact details to your phone when you sign-up so that you can get the support you need when you need it!