The South Africa Constitutional Court made the private use of cannabis legal, yesterday. The court’s confirmed the previous ruling made by the Western Cape High Court in 2017. The State appealed the Western Cape High Court ruling putting the legal use of cannabis in limbo until yesterday.
The constitutional court’s ruled that, Section 4B of the Drugs Act was unconstitutional and therefore invalid as it prohibits the use and possession of cannabis of an adult in private, for that adult’s personal use in private. Section 5B of the drugs Act is constitutionally invalid as it prohibits the cultivation of cannabis by an adult in a private place, for that adult personal consumption in private.
The court also ruled that Section 22 A9Ai of the Medicines Act is constitutionally invalid as it renders the use or possession of cannabis by an adult in private for that adult’s personal consumption in private a criminal offence. The basis for these statues being unconstitutional is the fact that they infringes on the right to privacy promised within the constitution.
The constitutional court says that the right to privacy goes beyond the boundaries of a home or a private dwelling and only the use, possession or consumption by an adult in private place for that adult’s personal consumption in private. No use or possession of cannabis by a child is decriminalized by the court.