In a ruling made Tuesday, September 18, South Africa’s highest court has deemed the private use of cannabis to be legal. The decision follows lower a court ruling from last year that declared the criminalization of marijuana to be unconstitutional.
At the Western Cape High Court on March 21, 2017, Justice Dennis Davis ruled that parts of the 1992 Drugs and Drug Trafficking Act violated the country’s constitution. Davis also deemed portions of the Medicines and Related Substances Act of 1965 to be unconstitutional.
Last year’s ruling was confirmed Tuesday by Deputy Chief Justice Raymond Zondo who declared that cannabis use by adults in private is a constitutional right. The right to privacy was said to extend beyond the boundaries of a home.
Personal cultivation of marijuana was also included in the ruling.
“It will not be a criminal offense for an adult person to use or be in possession of cannabis in private for his or her personal consumption,” said Justice Zondo, cautioning that it would still be illegal to consume it in public or distribute it to minors.
Regarding the new ruling, the Constitutional Court has instructed Parliament to draft appropriate legislation within twenty-four months. While the new laws are being written, it will be legal for South Africans to grow and consume cannabis in private.
The court did not specify what amount of cannabis would constitute personal use, leaving it up to police officers to decide each case until Parliament’s laws materialize.
