South Africa’s constitutional court has ruled allowing the use of cannabis for private purposes. That means using cannabis for personal reason is no longer a criminal offence.
The court’s ruling on Tuesday follows a High Court judgment in Western Cape on the same matter. The High court ruled that the possession, cultivation and use of cannabis for private use was allowed.
The Western Cape state appealed the judgment in the Constitutional Court. It argued that the ruling was not in line with the values of South Africans.
Deputy Chief Justice of South Africa, Raymond Zondo said “The right to privacy is not confined to a home or private dwelling. It will not be a criminal offence for an adult person to use or be in possession of cannabis in private space.”
He said banning adults from using marijuana was unconstitutional. The decision by the court was unanimous. What is not yet clear is how many grams of cannabis can a person use privately.
What next after this ruling?
Zondo also said that the court “must invoke its powers under the Constitution to order a suspension of the declaration of invalidity for a realistic period to ensure Parliament may correct the defect. In my view, a period of 24 months from the date of this judgment would be appropriate.
The order also makes clear that the relevant provisions are only unconstitutional to the extent that they trench upon the private use and consumption of a quantity of cannabis for personal purposes, which the legislative considers does not constitute undue harm.”
The court also ruled that if a police officer arrests someone with cannabis, the courts must ultimately decide whether the person was in possession of the substance with the intent to deal or for own consumption.
There are many South Africans who consider legalizing Cannabis use as dangerous for the population especially young people.
This year Zimbabwe legalized the cultivation of Cannabis and offered license to individuals and companies willing to grow the substance.
Zimbabwe says it was allowing the cultivation for medical purposes.
Source: Africafeeds.com
