Drug offences in SA are prosecuted under the Drugs and Drug Trafficking Act 140 of 1992. Possession, dealing, and manufacturing each carry different penalties based on quantity and schedule. Dealing is presumed from quantity alone - possessing more than specified thresholds shifts the onus to prove personal use. Cannabis for personal use in a private place was decriminalised in 2018 (Prince case).
When to hire a drug offences attorney
- You have been arrested for possession, dealing, or manufacturing.
- You were searched without a warrant and drugs were found.
- You are facing a dealing charge based on quantity alone.
- You need diversion instead of a criminal record.
- You want to challenge forensic evidence or chain of custody.
What to expect
Defences focus on unlawful search, lack of knowledge, chain-of-custody gaps in forensic testing, and personal-use thresholds for cannabis. First-time offenders often qualify for diversion (NPA Act Section 6). Dealing convictions carry minimum sentences under Schedule 2 of the Criminal Law Amendment Act - a significant concern.
Typical fees
Possession plea: R5,000-R15,000. Dealing trial: R30,000-R150,000+. Diversion applications: R6,000-R20,000. Minimum-sentence challenges: additional R20,000-R60,000.
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