Published: Tue, September 18, 2018
Worldwide | By Gretchen Simon

SA court legalises private cannabis use

SA court legalises private cannabis use

The Constitutional Court will on Tuesday morning give South Africans final clarity on whether the private use of dagga is allowed.

And while thousands of naturalists, herbalists, homoeopathy advocates and dagga smokers all over South Africa celebrate the landmark ruling, questions surrounding the practical implications of the judgement have begun to surface.

"The right to privacy is not confined to a home or private dwelling".

"We are looking forward to telling the police to leave us alone now", said Clarke on the decriminalisation of private use. We still believe there are over 600 arrests for cannabis use.

Justice Raymond Zondo said he took into account global law allowing the private use of dagga at home.

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"The judgment does not specify how many grams of cannabis can a person use or have in private". Judge Zondo maintained that further details surrounding regulation would be overseen and clarified by the ruling African National Congress (ANC).

But, these are extreme situations on opposite sides of the spectrum. "Ultimately, it will be the court that will decide whether the person possessed the cannabis for personal consumption".

The constitutional judgment that legalised the private use of dagga will go down in the anals of history as restoring human dignity, the natural order of society to freedom.

"If the police are of the view that the person is in the possession to resell, he can be arrested but a court will determine the outcome", said Zondo. The exact same applies to the cultivation of the plant.

The judgement did not say how much cannabis one may have at home for private use.

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