Whacky tabaccy now legal in South Africa

On Tuesday, September 18, the highest legislative authority in South Africa, the Constitutional Court, ruled that it was unconstitutional to prohibit persons older than 18 from using and cultivating dagga for personal use in their own homes.

This ruling effectively legalised the use of dagga in private, as well as its cultivation and possession in small amounts for South African citizens who are 18 years old or older.

Deputy Chief Justice Raymond Zondo presided, upholding an earlier ruling made by the Western Cape’s High Court.

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The Western Cape’s High Court had, in a previous judgement, stated that prohibiting an adult from using or cultivating dagga in his or her own home constituted a gross violation of that person’s right to privacy.

Parliament has been given 24 months to amend the Drug Trafficking Act and Medicines Control Act. Parliament must also decide on the amount that can be used by an adult in private use within this time.

While parliament will take up to 24 months to adapt the law to reflect all these changes, Justice Zondo explained that individuals are allowed to smoke privately in their own home in the meanwhile.

It is important to note that selling dagga remains illegal, as well as its use by anyone younger than the age of 18.