'We just don't want to be locked up for dagga' - Dagga Couple
The Constitutional Court heard an application on the use of cannabis and of the private use of the drug should completely be legalised in South Africa.
The state is appealing against the Western Cape High Court judgement, which legalised the private use of cannabis.
The trial court found sections of the Drugs Act and Medicine Act, which criminalises the use and possession of cannabis, to be inconsistent with the Constitution.
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It found the core of the case rests on the right to privacy.
The application was brought by the 'dagga couple', Julian Stobbs and Myrtle Clarke.
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They have been fighting a lengthy legal battle to have the use, cultivation and possession of the drug legalised.
Clarke says they feel the laws on cannabis boils down to social injustice.
"We want a moratorium on arrest. Police at least has to stop locking us up in cages, this is the most distressing part. We just want them to stop locking us up as criminals."
The 'dagga couple' believes that it is irrational for the plant to be classified illegal, when alcohol is legal and is responsible for much more social distress.
"It's has nothing to do with anybody what I do in the privacy of my own home if I'm not harming anybody. They cannot prove harm done to anyone if I smoke a joint sitting on my couch."
"The prohibition of cannabis was never based on science but out of fear of it being a gateway drug, which is totally untrue," says Clarke.