Judge Raymond Zondo has officially ruled that the use and cultivation of cannabis in the privacy of one’s home are now decriminalised.
After much deliberation, reading in-depth studies of alcohol abuse versus cannabis use, a judgement has been made on the use of cannabis in South Africa.
Using international law as a model, Judge Raymond Zondo made the decision to decriminalise the use of cannabis in the privacy of people’s homes. The Constitutional Court found that the ban of cannabis for private use and cultivation was unconstitutional.
While the ruling was appealed by various government departments, it was swiftly overruled. Medical cannabis was given the green light in February last year too.
“On Tuesday 18 September 2018 at 10h00 the Constitutional Court handed down judgment in this application for the confirmation of an order of constitutional invalidity made by the High Court of South Africa, Western Cape Division, Cape Town (High Court) which declared legislation criminalising the use, possession, purchase and cultivation of cannabis unconstitutional.
The matter arose from three different court proceedings instituted in the High Court which were consolidated by the High Court and heard as one matter as they were all premised on the same basis, that is, that certain sections of the Drugs and Drug Trafficking Act 140 of 1992 (Drugs Act) and the Medicines and Related Substances Control Act 101 of 1965 (Medicines Act) were constitutionally invalid.”
For the full ruling, read here.
Parliament has been given two years to change sections of both the drug trafficking act and the medicine controls act but for now, the use of it in privacy is allowed.
These are some of the facts:
- Smoking cannabis in public is illegal
- Dealing cannabis is illegal
- Growing small amounts for personal use within your home has been decriminalised.
- Smoking cannabis within the privacy of your own home has been decriminalised.
- It will take 2 years for Parliment to fix the law.
- These rules do not apply to minors.
JUDGMENT: The criminal prohibition of possession, use or cultivation of cannabis by an adult person for personal consumption in private is an infringement of the right to privacy of an adult person and constitutionally invalid. (Minister of Justice v Prince) pic.twitter.com/IwA35T4QE7
— Constitutional Court (@ConCourtSA) September 18, 2018
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