Private use of cannabis now legal in South Africa

A man smokes a joint after South Africa's top court ruled that personal cannabis use is legal on September 18

The highest court in South Africa has now said that an adult can grow cannabis as long as it's for personal use and grown in private.

The country's Constitutional Court released a ruling on September 18 that upheld a previous ruling by Cape Town's High Court, which declared that legislation criminalizing the use, possession, purchase and cultivation of cannabis was unconstitutional.

The legalisation was made by the country's highest court to allow adult citizens to use cannabis in private places.

Now, Twitter has been lit with joy since the ruling was handed down. It also says that right to privacy "extends beyond the boundaries of a home".

The Constitutional Court confirmed the high court's findings when the state appealed.

The Cannabis Development Council of South Africa was also pleased with the ruling, and wants the government to go one step further by dropping existing possession charges against residents. "It must be for the personal use of the person", according to local media, The South African. The judgement was delivered by Deputy Chief Justice, Raymond Zondo.

The Constitutional Court instructed parliament to draft a new law within two years, based on its decision.


The potential implications of the binding judgment are enormous, and unpredictable - particularly in terms of the criminal justice system, which routinely locks up thousands of overwhelmingly poor South Africans for using or dealing in small amounts of cannabis.

They argued that the continued ban on the weed "intrudes unjustifiably into their private spheres". There will also be cases where it will be clear from all the circumstances that the possession of cannabis by a person is not or can not be for personal consumption or use.

In South Africa, selling marijuana is still very much against the law.

It is pertinent to note that right to privacy is specifically guaranteed as a fundamental right as per Section 14 of the South African Constitution.

The Constitutional Court found that the ban on the private use and cultivation of dagga was unconstitutional.

South Africa marijuana legalization has occurred in reverse order when compared with its Canadian counterpart.

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