Majority of South Africans do not want dagga legalised, says ACDP

19 September, 2018, 03:09 | Author: Roderick Gutierrez
  • South Africa’s Constitutional Court has ruled that personal use of marijuana is not a criminal offence

"Davis' order had confined the declaration of invalidity to private adult use at home, while the Constitutional Court did not limit it to use at home".

The state appealed to the Constitutional Court, which upheld the high court's findings.

In addition to this, parliament has been given two years to change sections of both the drug trafficking act and the medicine controls act.

Rastafarians smoke cannabis outside the South African Constitutional Court on 18 September 2018, before the ruling on the private use marijuana is delivered.

Briefly.co.za gathered that Zondo said in his ruling that it was now incumbent on the ANC-led government to specify in the amended act how much dagga a person can use and carry. The legislature has been given 24 months to do so.

The court accepted medical studies that showed alcohol caused more harm than weed and that there was little data to show that criminalising weed reduced harmful use.

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


The Western Cape High Court has previously found provisions in the Drug Act unjustifiably limited the applicants' rights to privacy.

South Africa's government's had opposed its legalisation, arguing the drug was "harmful" to people's the health.

Judge Zondo said there were will be cases where it is obvious that the cannabis being held is intended for personal use, and cases where it's obvious that it is not.

If the police officer, on reasonable grounds, suspects that the person concerned is in possession of that cannabis for dealing and not for personal consumption, the officer may arrest the person.

Basically, the courts will still process members of the public flagged and arrested by the police on suspicion of possessing cannabis with the intention to sell.

This also extended to cultivating cannabis in a private place for personal consumption in private.

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