Concourt rules in favour of personal, private use of dagga

LISTEN: Concourt rules in favour of personal, private use of dagga

The private use of dagga has been decriminalised in South Africa.   


The Constitutional Court has upheld the Western Cape High Court's ruling from last year.

The ruling states laws prohibiting the use of dagga and the possession, purchase and or cultivation of it in private homes and for personal consumption are inconsistent with the Constitution. 

It has declared them invalid.  

Deputy Chief Justice Raymond Zondo handed down his judgment on the matter earlier. 

"The effect of the judgement of this court is to decriminalise the use or possession of cannabis by an adult in private or that adult person's consumption in private. 

"In the case of cultivation of cannabis, the effect of this judgement is to decriminalise the cultivation of cannabis by an adult in a private place for that adult's personal consumption," he said.  

The declaration of invalidity has been suspended for two years, to allow Parliament the opportunity to correct the Constitutional defects in the Drug Trafficking Act, and the Medicines Control Act. 

In the interim, it will not be a criminal offence for an adult to cultivate or use dagga in private.

Listen to the full judgement as handed by Deputy Chief Justice, Raymond Zondo. 

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