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High court legalises marijuana for private use in South Africa

High court legalises marijuana for private use in South Africa

In a landmark ruling The Western Cape High Court has declared that it is an infringement to ban the use of dagga by adults in private homes.

In making the ruling on Friday, it has allowed for the possession, cultivation and use dagga at home, for private use, noted News24.

“Acton, Prince, and 18 plaintiffs applied to the court for the Criminal Prohibition of Dagga Act (sections 4b and 5c), read with certain sections of Part III of Schedule 2 of the Drugs and Drug Trafficking Act, to be declared unconstitutional.”

These sections make it a crime to possess a drug, unless it is for a variety of medical reasons, meaning it was criminal to use marijuana in the country.

In addition to the decriminalisation of marijuana, the court also ruled that Parliament must change sections of the Drug Trafficking Act, as well as the Medicines Control Act within the next 24 months to reflect the ruling.

The decision marks a success for long-time dagga advocates Jeremy Acton and Rastafarian Garreth Prince, who have famously argued for the legalisation since the turn of the millennium.

More details on how government  plans to oversee the use, selling and cultivation of the plant is expected to follow shortly.

Read: Medical marijuana given green light in South Africa: report

BusinessTech's Staff Writer is directly plugged into the South African Internet backbone, and spits out press releases and other news as they receive it. They are believed to be cl...
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  • Steve

    Early April Fool joke?

    • SciCoPathix

      Exactly what I was thinking when I heard it on the radio news.

  • SbonzaDaRocka

    April Fool’s joke printed a day early 🙂

    • Thought so too

    • Henry McDonald

      Had the same thoughts – funnily enough they do not even mention the name of the judge /judges who made the ruling……1 day early yes….j

  • Wizzard

    Not April fools. Dagga couple Twitter confirmed it.

  • Karen du Randt

    So you may use it legally in your home but must still obtain it illegaly?

    • Bob

      Grow some – QED

      • Karen du Randt

        Nah, Weed isn’t my thing 😉

    • Wizzard

      Lots of countries have decriminalized the stuff, but made selling illegal. So you buy an expensive coffee mug or something and get some free weed thrown in.

  • Ali Cutty

    Smoke it by the pound, baby!

    • Emil

      Now you know what me and my garden boy is going to do……gardening ha ha

  • DionB

    So anyone selling high-quality, low THC, high CBD seeds?

    • Arthur Edward Robinson

      Just get cold pressed Hemp Seed Oil from most Chemists or Health Shops…

      • tiredofthis$#!7

        How do you grow weed from only the oil though?

        • Schalk van Heerden

          He is going to grow the oil man… it becomes clear after the 10th pull.

      • Zimbo Gro

        That is incorrect info. CBD intense strains are very few there are only have a dozen strains in the world that can do that. I assume DionB is talking about CANCER. Hemp oil is nothing more than a good vitamin. Its not MEDICINE

    • Wizzard

      Selling or buying weed is illegal still. However, if someone sold you a Tshirt and gave you some weed for free…

      • Straatvalk

        Hmmmm … good point!

      • Saim

        Selling a plastic bag and the weed inside is free(plastic bag is gonna be very expensive)

  • After last night, we gonna need a ton of this!

  • malcolmkyle

    You have the perfect climate for growing cannabis. To not do so is an act against God.

    Jesus specifically told his disciples to “anoint” people. That anointing took place using a specific formula made from a recipe found in the Old Testament book of Exodus.

    That recipe (Exodus 30:23) includes about 6 pounds of “kaneh-bosen”.

    According to many biblical scholars, “kaneh-bosen” was/is Cannabis (Marijuana).
    Most of the diseases mentioned as being healed miraculously after anointing are, curiously, the same ones that cannabis can heal today. Things like epilepsy, leprosy, and “crooked limbs” (an obvious reference to multiple sclerosis).

    Exodus 30:
    23 Moreover, the Lord spake unto Moses, saying, Take thou also unto thee principal spices, of pure myrrh five hundred shekels, and of sweet cinnamon half so much, even 250 shekels, and of qaneh-bosm [cannabis] 250 shekels, 24 And of cassia 500 shekels, after the shekel of the sanctuary, and of oil olive an hin: 25 And thou shalt make it an oil of holy anointment, an ointment compound after the art of the apothecary: it shall be an holy anointing oil. 26 And thous shalt anoint the tabernacle of the congregation therewith, and the ark of the testimony, 27 And the table and all his vessels, and the candlestick and his vessels, and the altar of incense, 28 And the altar of burnt offerings with all his vessels, and the laver and his foot. 29 And thou shalt sanctify them, that they may be most holy: whatsoever toucheth them shall be holy.

    Carl Ruck, professor of classical mythology at Boston University: “There can be little doubt about a role for cannabis in Judaic religion.”

    • Deal_with__it

      Church is on Sunday buddy.

      • Laven Pillay

        But education is on everyday. Buddy. 🙂

        • Deal_with__it

          Lol – you think that bible garbage is ‘educational’. Cute.

          • Laven Pillay

            Okay, you’re obviously one of those close-minded/absolute people which, if you didn’t realise, limits ones own range of knowledge and ability to use more bits of disparate information to come to more informed conclusions.

            Let me help you understand that.

            Firstly, I’m not Christian. I’m agnostic at best, atheist at worst.
            Does that confuse you yet ?

            Secondly I actively dislike a lot of the principles of Christianity specifically in how the doctrine applies to “controlling people”.

            Thirdly, I treat any source of information as that – a source of information. One can only make properly informed conclusions when they have as much information as possible.

            Science needs to look at both “correct” and “incorrect” information to establish more detail than “true or false”, and so in that sense, having alternate views are always useful, even if we end up rejecting them.

            In this specific case, there is a possibility of a historical (not biblical) connection to various meanings of plants, which in many cultures, such as Ayur Vedic medicine from Indian origin, has a lot more to do with the nature of things than the stories ma seem to tell on the surface.

            I’m sure you know what peyote is, and how the native Americans use it as a part of their rituals which “opens their minds” – this is a practice which is common in many cultures.

            So THATS why I found this interesting – because despite being largely “anti-Christian”, and “agnostic” about the existence of God, I can still treat information as information and not close myself off to the possibility of learning something.

            So if you just reduced that to “cute” because of a limited world view then….. aww…. thats so cute 🙂

    • John Pretorius

      Aren’t they always mistranslating that stuff? Maybe anointing should have been ajointing:)

      • Laven Pillay

        Doesn’t anoint mean “to apply” ? Maybe they had high-grade honey oil….. 🙂

    • ThePhotoGuy


    • Nicholas Alan Groves

      Ahhhhh “Professor of mythology” probably couldn’t do science and math at school…

    • Ivan Ivanovich Ivanov

      Which version? I see mostly “Aromatic cane”…

  • Frank

    Dankie Mr JZ… apparently you can even cultivate…

  • Mikhael Rowe

    I was gonna go to court, but I was high

    • Papi Lorn Mirelli

      You could’ve lied, and you could’ve walked out, but you were high


      LMAO!!!! And both comments were read to the because I was high song in my head!

    • Bob

      Try the High Court – I am sure they will let you in!

  • FragtioN

    Boom. At last! Now SAPS can focus on some real crimes instead of standing proudly with big smiles because they confiscated someone’s stash i mean common

    • Deal_with__it

      It is not like they even bothered with that.

      • FragtioN

        What rock have you been sleeping under? Shall I provide you with some documented instances of where this has actually happened?

        • The most definitely harass people yes

        • Deal_with__it

          Please do. Remember: Private use in a private residence.

    • James

      someone’s common? What on earth is that?

      • Razmataz


    • DumbSA

      They can still bust you if you are carrying/using it in public. Its been approved for home use only.

      • FragtioN

        And I’m sure they’ll go all-out to do just that. Makes a ton of sense to have the substance pseudo-legalized, doesn’t it …*eyes rolling*

      • Nothing wrong with Possession…. but if you go light it up or sell in public you’re screwed.

        • But, but I live on the street….? 😉

      • SomeoneYouDontWannaArgueWith

        But remember, those big smiles with sacks of weed would usually have been confiscated from homes or other private places

        • Emil

          Now you could smuggles the seeds and not the large bulk.

          • Jo

            Still cannot buy the stuff on the streets, because it is not in your house! A bit silly I think. Only those with a bit of a yard can grow the stuff. Those living in pigeon holes can only try it in flower pots. Should’ve removed all laws against grass, make it equal to “tobacco products”.

  • Back2Eden

    I wanted to comment on this topic, but i cant recall what I wanted to say…?
    O, look, a Snikers bar! Nik-Naks!! M&M’S!!! Stoney ginger BEEEEERRRR!!!!!!

    Where am I and why do you keep looking at me that way?!

    • Ray Mulder

      Don’t give yourself up…but wait….hey it’s ok now to act like that 🙂

    • Marco

      Reminds me of my youth. 🙂

  • High Court hehe

    • FragtioN

      See what you did there 😂

      • Laven Pillay

        Hope it’s not all just smoke and mirrors…

        • It’s high time something changed in this country

          • Emil

            Like Xhosas & Zulu’ should smoke more gangja…b4 attending parliament.

          • Jo

            But not in their parliamentary offices or state funded cars in the garage below. That’s not home, even if they think so.

    • SomeoneYouDontWannaArgueWith

      🙈😂😂😂😂 I see you! Il

  • Dear Staff Writer, this is not something to joke about. Are you serious?

    • Unavengedavo

      More than one news agency has reported on it, and they never do April Fool’s gags a day early.

  • straight8

    Canada is making it legal in 2018. Legal in US in a lot of states already. About time we got on to the act and lots of money to be made and taxed so society can prosper.

  • Ray Mulder

    Will they be selling this at Woolworths and Pick n Pay so I don’t need to drive to some dark dingy back street at night?

    • Graeme

      Not legal to buy, only to cultivate and use at home. If you’re an adult

      • Ray Mulder

        So where can I buy some seeds or must I cultivate them too, and how?

        • Nicholas Alan Groves

          technically, someone can give you seeds….they are not selling them! I intend to get mine shortly, and believe me, I have green thumbs, I grow roses from seed. I shall start my own little allotment shortly…

          • Zimbo Gro

            Imagine in a year or 2 we can have the SA Cannabis Cup, lol

          • Nicholas Alan Groves

            It will have to be green after last night’s shenanigans – no gold left soon….

      • Barry

        So that means nobody will be able to. I am not sure there are any adults left after this news

        • Zimbo Gro

          I can teach you how to get the right equipment and how to grow yourself. In the words of Ed Rosenthal, “Cannabis is NOT addictive, but growing it IS”.

  • Gatvol

    We need this with all that’s happening in SA right now. Ja man!

    • Emil

      Nee, Lekker man!

    • slitza

      sounds like you fell in the propaganda trap that was placed. Country feeling dull, give them weed and they will forgive our sins

  • Pfãrè

    No ways, Did they Legalize Medical Marijuana? Nah, This is April Ass day.

  • Ray Mulder

    Are whites also allowed to do this or is this a black thing? 😉

    • It’s a green thing

      • Laven Pillay

        Yes! Screw all the other colours of the rainbow, lets make South Africa a Green Nation 🙂

        • Barry

          green and high!! Top of the world mum, look no hands

    • John Pretorius

      Absolutely. In fact it’s ONLY for whities. They’re hoping we’ll all chill out and stop bleating about corruption.

      • Barry

        hahahahah Good one.

    • Wizzard

      Funnily enough, one of the reasons put before the court for decriminalization is that black people suffered more under dagga laws than whites.

  • Ray Mulder

    Is Google going to add your nearest joint shop from now?

  • CltrAltDelicious

    I think this article was a few hours too early… 1st April is tomorrow!

    • Emil

      tomorrow we already smoke emm…right away

  • rob.jetikons

    Little Early for April Fool jokes methinks

  • RealParanoidAndroid

    Didn’t know this was on the table…

  • Widowmaker

    Probably an April fools joke 😏

    • Wizzard

      Nope, Dagga Couple twitter confirms it. They went to court this morning to hear the verdict.

  • Leo J Dranoel


  • Betterestdayz

    High court …. winner…

  • ThePhotoGuy

    Can skipping taxes be made legal too?

    • Barry

      What do ya mean? I thought it was. No?

      • Walter

        It isn’t. TV licenses on the other hand…

  • Brandon Forcey

    Does this apply to just the western cape?

  • Barry

    End the end with Gordon being fired we will need to take something to keep us tame

  • The_Real_CRM083

    Now we need a Marijuana Public Holiday

  • NotSpam

    Mo fire!

  • Walter

    Does this mean a new market has been created, or are you only allowed to grow your own?

    • Henry McDonald

      One day early….the guy who wrote the article must have been “smoked” thought it was 1st April already…….

  • zoom-boy

    oh no

  • morphman

    Hope this is not a April fool joke.

  • Henry McDonald

    Wonder what the guy ‘smoked’ who wrote this – so no judge on the bench even??

  • Chez

    Joint, at my Joint. Join me.


    Ok so I am unclear on something. Is it legal at home as of today or only once parliament has re-written the acts? Anyone know for sure?

  • Joshua Waurich

    April fools?

  • Sotja2

    Puff and pass

  • Kazi

    Hmmm….. News released on 1 April. I think I smell a rat!

  • Zane Havemann

    April Fools?

  • Nico Bester

    Aprils fool?

  • JsPre

    Any chance this site s an Aprilfool joke?

  • Erlo Muhl

    If legalized for medical purposes it is OK (but only under strict control). Otherwise I hope it is an April fool’s joke, otherwise corruptness and murders will increase. Those two evils have grown tremendous under Cer rule.

    • prodigyX360

      You clearly have no idea what effect weed has on people

      • Erlo Muhl

        You seem not to have understood wat I wrote. If you smoke the weed it does damage to you and makes you wreck less in behavior. But people have been treated with Meds made from it with extra ordinary results. I think I know a bit about the weed. Maybe not: Enough? Maybe you know all about it. That’s why I said I hope it was an April fool’s Joke to legalize it. I hope I made myself clear to you now.

  • slitza

    now if only all the students smoking dagga in front of uj’s main buildings would study instead of getting high and complaining



    If you are a concerned smoker.

    You must not have children.


  • Sias Fourie

    This must be an April fool day!!!!!!!

  • Sias Fourie


  • Robert Dixon

    Does zupta and the cabinet have a private supply?

  • Jo

    Can they also smoke the grass in the presence of their children? Since the laws against smoking inside a house with children, only states “tobacco products”, and grass is not tobacco!

  • the-TRUTH

    This country loses a finance minister and even courts are now legalising marijuana for private use in South Africa. Eish, this country is nou deur mekaar…

  • Lindo

    Lafa elakithi, cry the beloved country

  • Saim

    So who wanna buy plastic bags free weed inside Jk XD

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