Published: Tue, September 18, 2018
Global News | By Blake Casey

It's legal to smoke dagga at home

It's legal to smoke dagga at home

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

The Constitutional Court has found that the ban on the private use and cultivation of dagga at a private home is unconstitutional.

"The judgment does not specify how many grams of cannabis can a person use or have in private".

The initial ruling by the Western Cape High court still left the legality of it in question, but this ruling now by the constitutional court makes it very clear that it'll soon be perfectly legal to use marijuana at home. In my view, a period of 24 months from the date of this judgment would be appropriate.

Three cannabis users facing prosecution for consuming the drug have argued to the Constitutional Court that the prohibition of cannabis "intrudes unjustifiably into their private spheres", breaching their constitutional rights.

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In March 2017, Justice Dennis Davis handed down a judgement in the Western Cape High Court that declared sections of the Drugs and Drug Trafficking Acts as invalid and unconstitutional after the application brought by Rastafarian lawyer Gareth Prince, an advocate for the decriminalisation of marijuana. It held that the right to privacy extends beyond the boundaries of a home. The ruling also approved growing marijuana for personal consumption.

Use of cannabis and medicinal marijuana has gained popularity in some parts of the world to ease suffering from cancer, glaucoma, HIV and AIDS, and other serious conditions.

If the person is suspected of dealing, Judge Zondo said the police officer may arrest the person.

The courts will ultimately decide whether the person was in possession of cannabis with the intent to deal or for own consumption.

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