ConCourt legalises personal, private use of dagga
The Constitutional Court has decriminalised the possession and use of cannabis by an adult person in private.
Deputy Chief Justice Raymond Zondo delivered the landmark judgment on Tuesday.
#Dagga Deputy Chief Justice Raymond Zondo has ruled that several sections of the Drugs Act are unconstitutional and invalid. pic.twitter.com/OwHuWZaCJx
— Jacaranda News (@JacaNews) September 18, 2018
Zondo found existing laws to be unconstitutional and invalid to the extent that it contravenes the right to privacy.
“It holds that the right of privacy goes beyond the boundaries of a home.”
The unanimous judgment confirms that it would not be a criminal offence for an adult person to cultivate or be in possession of cannabis in a private space.
The use of the plant has not been limited to privacy of an adult’s home but any “private space”.
Zondo left it up to Parliament to specify the amount that an adult person can have in possession.
The South African Police Service (SAPS) has a prerogative, until the National Assembly’s determination of the amount, to arrest such person if the officer believes the person’s motive is to resell the plant.
“The police officer would take a view that all the circumstances, including the amount of cannabis found in possession of the adult. If police are of the view that the person is in the possession to resell, he can be arrested but a court will determine the outcome.”
Parliament has been given 24 months to amend several pieces of legislation to make way for the lawful use of marijuana.