(1) A person shall not—
(a) smoke any part of the plant genus cannabis in a public place;
(b) being the owner, occupier or concerned with the management of premises in a public place knowingly permit another to smoke cannabis or cannabis resin.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $1,500.
(3) A penalty imposed under subsection (2) does not form part of the criminal record of the person.
(4) In this section, “public place”—
(a) means any—
(i) structure,
(ii) facility,
(iii) space used for gathering by individuals,
(iv) other place,
for the use of, or open to, the public, or any other similar space accessible to the public;
(b) includes—
(i) a bar, restaurant and club,
(ii) an establishment, except for such area forming part of the establishment as may be specifically designated by the management of the establishment as an area where smoking is permitted,
(iii) a Government office, and
(iv) other places or buildings accessible to the public;
(c) does not include a privately occupied residence not used for a commercial purpose.
(Inserted by Act 13 of 2021)