Legal Talk

Underage drinking especially during these periods is a common problem faced by the authorities and parents alike. Drugs such as marijuana, heroin, ecstasy, mandrax, tik and cocaine are all illegal in South Africa. Many of these drugs are often made available to teenagers, or the teens know how to obtain it. In South Africa, no one under the age 18 is allowed to drink alcohol.

The results of behaviour whilst intoxicated or drugged can have far- reaching and disastrous consequences. IT can lead to risky sexual encounters, road accidents or worse. No parent wants to have to collect their teenage child from the prison cells of the police station if the child is arrested for underage drinking or possession of a narcotic substance. The legal consequence of being arrested and sentenced in a drug related offence would haunt you for the rest of your life. It's a well-known fact that alcohol and substance abuse destroys the social fabric of society as it erodes social, economic and human capital.

Drugs that are prohibited or are considered dangerous are listed in a schedule attached to the Drugs and Drug Trafficking Act, 1992.Among the drugs listed as prohibited are cannabis (marijuana or dagga), heroin and lSD (lysergic acid diethylamide or 'acid') and Mandrax (methaqualone); Those listed as dangerous are opium, chlorodyne, derivitives of the coca leaf (cocaine and crack cocaine) and morphine; Those which are listed as potentially dangerous are amorbarbital and pentobarbital.

Failure to do so is an offence punishable by a fine of not more than R30000 or imprisonment for up to 15 years for a first offence and, in the case of a second or subsequent conviction, to a fine of not more than R50000 or imprisonment of up to 25 years, or both. In terms of the Drugs and Drug Trafficking Act, 1992, anyone who deals in or uses a dangerous dependence-producing drug, or any substance from which such a drug can be manufactured, is guilty of a criminal offence for which the penalty may be imprisonment for up to 25 years or to such a term of imprisonment as well as a fine.

If the offence involved the use and possession of the drugs, the penalty could be a fine, imprisonment for up to 15 years, or both such fine and such imprisonment. It is unlawful to have a controlled drug in your possession unless you have authorization in the form of a license or if you did not know the Drug was a controlled drug.

Know your rights! The Law Desk of Fawzia Khan & Associates. We Know! We Care! We Deliver! Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.