Published: Fri, September 21, 2018

South Africa: Top Court Legalises Use of Marijuana in Private

South Africa: Top Court Legalises Use of Marijuana in Private

He added that the previous law banning the use of marijuana was "unconstitutional and therefore invalid", according to The Telegraph.

One of the stated objectives of the legalization of marijuana in South Africa was to hamstring numerous powerful criminal organizations that thrive on illicit drug revenue. One of the licenses was given to South African alternative medicine company, Verve Dynamics. The court ultimately found: "This Court must invoke its powers under s 172 (1) (b) of the Constitution to order a suspension of the declaration of invalidity for a realistic period to ensure Parliament may correct the defect". These included privacy, health concerns and the status quo in other parts of the world.

"In the latter scenario, a police officer should not arrest the person, because in such a case it would be hard to show beyond reasonable doubt later in court that person's possession of cannabis was not for personal consumption", said Justice Zondo. But the highest court in the land said clearly marijuana was not allowed to be smoked publicly. "However, people should be able to gather in places which are still private events where collective experience of cannabis use may continue, just as people gather to have a beer", Acton said.

South Africa's constitutional court has decriminalized the use of cambiums in the country.

The State failed to prove that the existing limitation of privacy was reasonable and justifiable. However, dealing marijuana, selling it on to others or smoking it outside the confines of your own home remains an illegal practice.


The personal consumption exception has been widely celebrated.

The court did not specify the quantity of cannabis a person can grow or use in private. It may even mean that the exception violates the so-called principle of fair warning.

The High Court judgment had noted that criminalisation of cannabis is characterised by "the racist footprints of a disgraceful past".

The court's ruling on Tuesday follows a High Court judgment in Western Cape on the same matter. It says the right to privacy "extends beyond the boundaries of a home". However, public consumption and trading of cannabis are still outlawed.

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