Drug Possession Lawyers in Bedfordview

Burger Huyser Attorneys provides drug possession defence from its Bedfordview branch at 45A Florence Avenue, including arrest response, bail and trial representation. These cases are governed principally by the Drugs and Drug Trafficking Act 140 of 1992, the Criminal Procedure Act 51 of 1977 and, for scheduled medicines, the Medicines and Related Substances Act 101 of 1965.

Why You Need a Specialist Drug Possession Lawyer in Bedfordview

A charge described as “drug possession” may involve simple possession under section 4 of the Drugs and Drug Trafficking Act, dealing under section 5, or a more serious dealing allegation linked to the value of the substance, organised activity or previous convictions. The charge chosen affects the bail test, trial forum and possible sentence.

In Minister of Justice and Constitutional Development v Prince [2018] ZACC 30, the Constitutional Court held that an adult’s private use, possession and cultivation of cannabis for personal consumption in private may not be criminalised. Dealing, buying, selling, public use and conduct involving children remain outside that protection. The Cannabis for Private Purposes Act 7 of 2024 awaits commencement by presidential proclamation; draft regulations published in February 2026 had not yet created final quantity limits.

An unlawful search does not automatically end a prosecution. Section 35(5) of the Constitution requires exclusion where admitting the evidence would make the trial unfair or harm the administration of justice. The defence must test the search grounds, exhibit handling and proof of knowledge and control.

What the Service Covers (Scope of Engagement)

Effective representation begins at the police station and continues through bail, disclosure, trial and sentencing where necessary.

Stage	Defence work
Arrest response	Confirm the station, officer and charge; advise the arrested person before any statement.
First appearance	Check section 50 compliance, obtain charge details and address release, remand or bail.
Bail application	Present residential, employment and family ties; disclose convictions and pending charges; address section 60 risks.
Pre-trial preparation	Obtain disclosure, analyse search grounds, laboratory results, exhibit seals, weights and chain-of-custody records.
Trial or plea process	Challenge proof of possession or dealing, cross-examine State witnesses and consider a lawful plea-and-sentence agreement under section 105A where appropriate.
Sentencing and diversion	Present rehabilitation, treatment, employment and family evidence. For an accused under 18, assess diversion under the Child Justice Act 75 of 2008.

There is no general “SAPS caution under section 2” of the Criminal Procedure Act for adult drug charges. Any withdrawal, alternative resolution or child-diversion process depends on the applicable law, the prosecutor’s decision and the facts. Burger Huyser’s criminal law personnel include specialist consultant Clinton Shaw and admitted criminal attorney Abrie van der Merwe.

The Local Filing Layer: Where the Charge Hits the Map

What the Charge Actually Means: Possession vs Dealing vs Trafficking

Allegation	What the State must prove	Why the distinction matters
Possession	Custody, control or supervision of the substance with knowledge of its presence.	Section 4 ordinarily carries lower exposure than dealing, but the substance category matters.
Dealing	Selling, supplying, administering, transporting, importing, exporting, cultivating or manufacturing.	Packaging, messages, cash, scales, quantity and witnesses may support an inference.
Commercial trafficking	“Trafficking” is often descriptive; the statutory charge is commonly dealing, sometimes with organised-crime or cross-border allegations.	Proved value and syndicate thresholds can trigger Schedule 5 bail and prescribed minimum-sentence provisions.
Private cannabis	The State must place the conduct outside the constitutional protection for an adult’s personal use, possession or cultivation in private.	There is no automatic gram threshold separating personal use from dealing while final statutory limits are not in force.

Quantity does not automatically reverse the burden of proof. In S v Bhulwana; S v Gwadiso [1995] ZACC 11, the Constitutional Court invalidated the section 21 presumption that possession of more than 115 grams of cannabis proved dealing. S v Manyonyo [1999] ZACC 14 likewise invalidated the presumption based merely on conveying a drug. The prosecution must prove dealing beyond reasonable doubt.

What to Do Immediately After a Drug Arrest

1. Remain silent. Confirm basic identifying information, but do not explain the substance, ownership, destination or another person’s conduct before obtaining legal advice.
2. Request essential details. Record the arresting officer’s name, rank and station, and ask to be informed of the charge and the right to bail proceedings.
3. Call for legal assistance. Contact the Bedfordview branch on 011 201 7190 or 061 536 3223. For urgent after-hours bail assistance, call 069 522 7696.
4. State non-consent without obstructing. Ask to see a search warrant. Under sections 22 and 23 of the Criminal Procedure Act, police may sometimes search without consent or a warrant; do not physically interfere.
5. Preserve potential evidence. Do not delete messages, alter devices, discard packaging or ask anyone to change their account. Give relevant material to the defence attorney.

Sentencing: What a Conviction Actually Means

Sentence depends on the proved offence, substance category, quantity or value, role, previous convictions and personal circumstances. The statutory maximum is not the sentence imposed in every case.

Conviction category	Statutory position
Possession of a dependence-producing substance under section 4(a)	Section 17 permits a fine, imprisonment of up to five years, or both.
Possession of a dangerous or undesirable dependence-producing substance under section 4(b)	Section 17 permits a fine, imprisonment of up to 15 years, or both.
Dealing under section 5	The maximum may be 15 or 25 years depending on the statutory substance category.
Qualifying high-value or syndicate dealing	Part II of Schedule 2 to the Criminal Law Amendment Act 105 of 1997 prescribes 15 years for a first offender, subject to a court finding substantial and compelling circumstances for a lesser sentence.

Schedule 5 and Schedule 6 are bail categories, not drug schedules. Schedule 5 covers specified high-value, syndicate-linked or law-enforcement dealing; Schedule 6 may apply with a qualifying prior conviction or an offence allegedly committed while on bail. A record may affect work, travel, professional registration or firearm licensing. Section 271B expungement applies only to listed sentence categories after ten years and on application.

If you or a family member has been arrested for drug possession in Bedfordview, contact Burger Huyser Attorneys at 45A Florence Avenue. Call 011 201 7190 or 061 536 3223; for urgent after-hours bail enquiries, call 069 522 7696. Bring the charge sheet, identity document, arresting officer’s details and accurate information about previous or pending cases. The firm has a 4.8/5 average from 250+ Google reviews and provides criminal defence across Gauteng.

Frequently Asked Questions

I’ve just been arrested for drug possession in Bedfordview — what should I do first?

Remain silent beyond basic identifying information, obtain the arresting officer’s details and contact a criminal defence attorney immediately. Do not make a statement, obstruct a search or alter potential evidence before receiving advice. A family member may call Burger Huyser’s Bedfordview branch or the urgent after-hours bail line.

Can I be arrested for having dagga on me now that it’s been decriminalised?

Yes, arrest remains possible where the facts suggest public possession, dealing or conduct outside the Prince judgment. An adult’s private possession, use or cultivation for personal consumption in private is constitutionally protected, but sale, purchase and supply remain unlawful. No final gram limit currently determines every case.

How long will I be in custody before I see a magistrate?

You must be brought before a lower court as soon as reasonably possible and ordinarily within 48 hours. If the period expires outside ordinary court hours or on a non-court day, section 50 allows appearance by the end of the first court day. Bail may still be postponed on lawful grounds.

What’s the difference between possession and dealing, and why does it matter?

Possession concerns knowing custody or control, while dealing includes selling, supplying, transporting, cultivating and other listed conduct. Dealing changes the bail position and increases sentencing exposure. Quantity, packaging, cash and communications may be evidence, but quantity alone does not automatically prove dealing.

How much does a drug possession lawyer cost in Bedfordview?

Fees depend on the arrest response, bail complexity, number of appearances and whether the case proceeds to trial. Burger Huyser Attorneys quotes per file after intake and confirms any separate after-hours arrangement when the instruction is accepted.

Where is the Burger Huyser Bedfordview branch, and what are the hours?

The branch is at 45A Florence Avenue, Bedfordview, Johannesburg, 2008. Call 011 201 7190 or 061 536 3223. The outline lists weekday hours as 07:30 to 16:30; urgent after-hours bail enquiries may be directed to 069 522 7696.