High praise from the Rastafarian community after ConCourt's dagga ruling
- Author: Jon Douglas Sep 19, 2018,
Sep 19, 2018, 1:58
The Western Cape High Court sensationally ruled that dagga should be legalised for home use in 2017.
In the meantime‚ the court specified it has granted interim relief that allows personal use at home.
Speaking to Talk Radio 702's Xolani Gwala, associate professor of Law at Wits University James Grant says the court did not define what private use was.
Prince says there is no truth in the misconceptions that cannabis is harmful.
This judgement is a reminder that South Africa's hard-won constitution is among the most liberal in the world, backing individual rights, and in this case the right to grow and smoke your own marijuana in private, against the government's concerns about public health and public order.
These are all popular misconceptions and people should inform themselves with the truth.
It would therefore not be a criminal offence to use or be in possession of cannabis for personal consumption, in a private space.
The constitutional court received an appeal after a South African High Court ruled that weed for private use was legal.
While illegal, marijuana is an important cash crop for rural communities, particularly in the Eastern Cape and KwaZulu-Natal provinces.
Previously, possessing, growing or using marijuana for personal use - even in small quantities - exposed users to fines of up to hundreds of dollars (euros) as well as jail time, although this latter punishment was rare. But the police, who argued against this change, will worry that the ruling will create more ambiguity and send the wrong signal to criminals.
It suspended its order of invalidity for a period of 24 months to give Parliament an opportunity to correct the constitutional defects in the two acts. "It's important for Parliament to make its position known as soon as possible", Meshoe said.