Faizel Patel, Radio Islam News – 18-09-2018
The Constitutional Court has ruled that the use and cultivation of marijuana for personal use is legal.
Dagga users, traditional healers, and Rastafarians celebrated the ruling on Tuesday decriminalising the personal consumption and cultivation of cannabis by adults in private spaces.
The ruling upheld a decision made by the Western Cape High Court which declared legislation criminalising the use, possession, and cultivation of cannabis unconstitutional.
Deputy Chief Justice Raymondo Zondo held that the criminalisation of marijuana in a person’s home or private dwelling infringed on the right to privacy.
“The effect of the judgment is two-fold; it decriminalises the use or possession of cannabis by an adult in private for that adult person’s personal consumption in private; and it decriminalises the cultivation of cannabis by an adult in a private place for that adult’s personal consumption in private.”
The judgment also points out police still have the right to arrest those in possession of cannabis, for dealing or using it in the presence of children.
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