South Africans can grow and smoke weed at home

South Africa’s Constitutional Court has ruled that personal use of marijuana is not a criminal offence

SA Constitutional Court Says Using And Growing Mbanje For Private Use Is Legal

Tuesday's ruling will not decriminalise the use of the drug in public nor the offences of supplying or dealing - but cultivation for personal, private use will no longer be illegal for adults.

The Constitutional Court has delivered its long-awaited judgment on the legal status of private marijuana use in South Africa, declaring it legal within the confines of a home. However, they contended that, if the High Court was right to confine its order of invalidity to the infringement of the right to privacy, it should not have confined this to a home or private dwelling because the right to privacy extends beyond the boundaries of a home.

However, the judgement did not specify the amount that can be used by an adult in private use.

The constitutional court's judgment on marijuana states that consumers may be in possession and consume Marijuana at home.

Deputy Chief Justice Raymond Zondo handed down the judgement, which confirmed that sections 4 (b) and 5 (b) of the Drugs and Drugs Trafficking read in part with section 22 (A)(9)(a)(i) of the Medicines and Related Substances Control Act were constitutionally invalid.

He said that a police officer would have to consider all the circumstances, including the quantity of cannabis found in an adult person's possession.

Previously, possessing, growing or using marijuana for personal use - even in small quantities - exposed users to fines of up to hundreds of dollars (euros) as well as jail time, although this latter punishment was rare.

The Cannabis Development Council of South Africa welcomed the ruling, and called on the government to drop charges against people found in possession of the drug.

The courts will ultimately decide whether the person was in possession of cannabis with the intent to deal or for own consumption.

Latest News