High Court decision unbans private use of cannabis
Individuals are allowed to smoke privately in their own home, however, both the sale and use of the substance by minors is still illegal.
THE private use and cultivation of marijuana was decriminalised by South Africa’s highest court on Tuesday, 18 September.
While parliament has two years to adapt the law to deal with the practical application of this decision, it was explained that individuals are allowed to smoke privately in their own home, however, both the sale and use of the substance by minors is still illegal.
Deputy Chief Justice Raymond Zondo delivered the unanimous judgement on Tuesday. The court not only upheld, but expanded on Judge Dennis Davis’ landmark judgement of that last year, which stated those using and growing cannabis in the privacy of their own home could do so without fear of breaking the law. The ban on private possession, consumption and cultivation of cannabis at home was ruled unconstitutional.
In the Western Cape High Court, Davis found the ban on using cannabis at home violated individuals’ constitutional right to privacy. The Constitutional Court has now ruled in agreement with Davis, and against the state’s attempt to have this judgement reversed.
The Western Cape high court case was brought by lawyer, Rastafarian, and activist Gareth Prince, alongside Jeremy Acton, leader of South Africa’s ‘Dagga party’ Iqela Lentsango. Prince argued that the criminalisation of dagga use and possession was a violation of the right to equality, dignity and freedom of religion.
SA’s well-known Dagga Couple, Myrtle Clarke and Jules Stobbs signed onto the case as applicants in the hopes of securing a judgement with further reaching implications than just the right to consume the plant privately at home. Since 2013, Stobbs and Clarke have been arguing a separate case, dubbed ‘The trial of the plant’ in the Pretoria High Court, which seeks to revoke all existing laws on the cultivation, use, and sales of the plant and for them to be rewritten in Parliament.
The two cases are connected, with the Constitutional Court asking why they should give judgement on Prince and Acton’s case before waiting for the outcome of The Dagga Couple’s one in Pretoria.
“Our argument is that it would unnecessarily prejudice this case for its outcome to be dependent on our separate high court case,” Stobbs told The Citizen.
“We joined as applicants so we could bring all the information we’d submitted in our other case and offer it to the ConCourt too, so they can hopefully come up with a comprehensive judgement, which takes into account the facts presented at both cases.”
What the decriminalisation of growing pot at home means for users:
- You are no longer dependent on dodgy dealers.
- You don’t have to be afraid of your weed being laced with other substances.
- You are in charge of the quality of marijuana you grow.
- You don’t need to wait for 4:20 anymore, have a pot party to celebrate.
- It is still illegal to smoke away from your home. You may not smoke in your car, at events or festivals.
- Be considerate of your neighbours if you live in a complex.
- Be mindful of the amount you grow as you may be considered a distributor.
The judgment doesn’t specify the amount which can be used by an adult for private use. The separation of powers of the various arms of government means this must be determined by Parliament.
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