The Constitutional Court has found that the ban on the private use and cultivation of dagga at a private home is unconstitutional.
The unanimous judgment decriminalises adults smoking dagga at home and growing enough marijuana for personal consumption.
But the highest court in the land said clearly marijuana was not allowed to be smoked publicly. Dealing is still illegal.
The Constitutional Court was confirming the 2017 Western Cape High court by Judge Dennis Davies that found a ban on use of dagga at home was against the constitutional right to privacy.
Rastafarian Garreth Prince and leader of Dagga party Jeremy Acton brought the case. Multiple government departments appealed and wanted dagga use at home to remain criminalised.
The court accepted medical studies that showed alcohol caused more harm than dagga and that there was little data to show that criminalising dagga reduced harmful use.
Parliament has two years to amend laws on the use of dagga at home.
In the meantime‚ the court specified it has allowed “interim relief” that allows people to smoke dagga at home and grow enough for personal use at home.
Judge Zondo said he took into account international law allowing the private use of dagga at home.
BREAKING | It's legal to smoke dagga at home
Image: Alaister Russell/The Sunday Times
The Constitutional Court has found that the ban on the private use and cultivation of dagga at a private home is unconstitutional.
The unanimous judgment decriminalises adults smoking dagga at home and growing enough marijuana for personal consumption.
But the highest court in the land said clearly marijuana was not allowed to be smoked publicly. Dealing is still illegal.
The Constitutional Court was confirming the 2017 Western Cape High court by Judge Dennis Davies that found a ban on use of dagga at home was against the constitutional right to privacy.
Rastafarian Garreth Prince and leader of Dagga party Jeremy Acton brought the case. Multiple government departments appealed and wanted dagga use at home to remain criminalised.
The court accepted medical studies that showed alcohol caused more harm than dagga and that there was little data to show that criminalising dagga reduced harmful use.
Parliament has two years to amend laws on the use of dagga at home.
In the meantime‚ the court specified it has allowed “interim relief” that allows people to smoke dagga at home and grow enough for personal use at home.
Judge Zondo said he took into account international law allowing the private use of dagga at home.
The Constitutional Court has ruled in favour of the private use of dagga on September 18 2018.
BREAKING | Ban on private use of dagga at home is ruled unconstitutional
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