South African Court Has Ruled That The Personal Use Of Dagga Is Not A Criminal Offence.

“The right to privacy is not confined to a home or private dwelling. It will not be a criminal offence for an adult person to use or be in possession of cannabis in private space,” deputy chief justice Raymond Zondo said on Tuesday. “The judgment does not specify how many grams of cannabis can a person use or have in private.” The ruling follows a Western Cape High Court judgment that the possession, cultivation and use of dagga for private use was allowed. The State appealed that judgment in the Constitutional Court, arguing that the decision was not in line with the values of South Africans. Key laws debated in the Western Cape High Court in 2017 were the Drugs Act sections 4 (b) and 5 (b) as well as section 22A of the Medicines Act. The court ultimately found: “This Court must invoke its powers under s 172 (1) (b) of the Constitution to order a suspension of the declaration of invalidity for a realistic period to ensure Parliament may correct the defect. In my view, a period of 24 months from the date of this judgment would be appropriate. “The order also makes clear that the relevant provisions are only unconstitutional to the extent that they trench upon the private use and consumption of a quantity of cannabis for personal purposes, which the legislative considers does not constitute undue harm.” The Western Cape High Court also ordered that in the interim period, prosecutions for personal dagga possession as described in its judgment should be stayed.]]>