High court legalises marijuana for private use in South Africa

 ·31 Mar 2017

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

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