DECRIMINALISATION OF PRIVATE USE OF DAGGA JUDGEMENT

In a unanimous decision by the Constitutional Court today, the private possession; use and cultivation of cannabis has been decriminalised.

This decision confirmed the 2017 judgement from the Western Cape High Court which found that the criminalisation of the use of cannabis at home was a violation of the constitutional right to privacy.

Parliament has been given 2 years to amend the current legislation (Drugs and Drugs Trafficking Act and Medicines & related Substances Act), and confirmed that pending such amendments use, possession and cultivation of cannabis for personal use would be a legitimate defence to charges brought under the prevailing legislation.

The Court made it clear that this judgement, in no way, sought to extend to permitting the use and possession of cannabis by a child or by an adult in public – that will still be considered a criminal offence.

Download the full judgement CLICK HERE

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