Saturday, 19 October, 2019

South Africa legalizes the 'private' use of weed

Weed Is Now Legal For Private Consumption In South Africa Smokers Rejoice Private Use Of Marijuana Or Cannabis Is Now Legal In South Africa
Patty Aguilar | 21 September, 2018, 22:15

Now that the Constitutional Court has decriminalized the private use of marijuana, clarity has been brought to the whole smoking issue in South Africa.

The Western Cape High Court sensationally ruled that dagga should be legalised for home use in 2017.

Now, Twitter has been lit with joy since the ruling was handed down.

Another aspect of the High Court judgment the Constitutional Court refused to confirm relates to the order declaring that provisions prohibiting the purchase of cannabis were invalid. Though South African leadership has been opposed to cannabis, seeing it as harmful, the vote to decrim was unanimous. "It must be for the personal use of the person", according to local media, The South African.

However, Zondo never defined what this meant, said Wits University associate professor, advocate James Grant.

The Constitutional Court also gave the country's legislature 24 months to amend current laws to reflect this ruling.

He added that the judgement, however, did not specify how many grams of cannabis a person is allowed to use or have in private.

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It would therefore not be a criminal offence to use or be in possession of cannabis for personal consumption, in a private space.

The ball is now in Parliament's court to determine the amount of dagga that an adult may use, possess or cultivate in order for it to amount to "personal use".

Last year, Rastafarian Garreth Prince and pro-cannabis Dagga Party leader Jeremy Acton challenged the country's cannabis prohibition laws, arguing that the ban on marijuana "intrudes unjustifiably into their private spheres", BBC News reports.

It is pertinent to note that right to privacy is specifically guaranteed as a fundamental right as per Section 14 of the South African Constitution.

However, today the Concourt agreed with Justice Davies and decriminalised the private use of marijuana. However, Canada will also allow cannabis to be sold to recreational users.

The judgment also appended a list of about 33 jurisdictions all over the world where marijuana has been legalized.

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