South Africa's top court legalises personal cannabis use

Pexels  Isabella Mendes

Pexels Isabella Mendes

The Constitutional Court has upheld the Western Cape High Court's ruling from past year. It held that the right to privacy extended beyond the boundaries of a home.

The Constitutional Court has delivered a landmark ruling in which it decriminalises the private use of dagga.

He however said the judgment was limited to private use of dagga by adults, adding that public use was still a criminal offence.

The Constitutional Court on Tuesday upheld a provincial court's ruling in a case involving Gareth Prince, who advocates the decriminalization of the drug.

The Western Cape High Court additionally ordered that all pending prosecutions for personal possession of dagga were suspended in the interim period.

"It has also ruled that Parliament must change sections of the Drug Trafficking Act, as well as the Medicines Control Act", stated at the report.

Parliament will have to address the constitutional defects in the Drugs Act and Medecins Act in the next 24 months in the statutory provisions in this judgment.

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Speaking to Talk Radio 702's Xolani Gwala, associate professor of Law at Wits University James Grant says the court did not define what private use was.

The ruling also approved growing marijuana for personal consumption.

Parliament will have to determine what quantity of cannabis may be used for private consumption or cultivation.

The company said Monday that it's "closely watching" the use of cannabis in "functional wellness" beverages.

If the person is suspected of dealing, Judge Zondo said the police officer may arrest the person.

The courts will ultimately decide whether the person was in possession of cannabis with the intent to deal or for own consumption.

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