Today, the South African court ruled that private, personal cannabis use is legal in a landmark case that has pitted officials against marijuana advocates and the judiciary.
The court also ordered parliament to draft new laws within 24 months to reflect the order. Today’s ruling will not decriminalize the use of the drug in public nor the offenses of supplying or dealing but cultivation for personal, private use will no longer be illegal for adults. Previously, possessing, growing or using marijuana — even in small quantities — could technically lead to jail time, a fine and a criminal record.
“It will not be a criminal offence for an adult person to use or be in possession of cannabis in private for his or her personal consumption,” Deputy Chief Justice Raymond Zondo said, delivering the Johannesburg-based Constitutional Court’s unanimous verdict to cheers from the public gallery.
Use of cannabis and medicinal marijuana has gained popularity in some parts of the world to ease suffering from cancer, glaucoma, HIV and AIDS, and other serious conditions.
But opponents fear crime connected to drug abuse and users graduating to harder drugs. The country’s Medical Research Council has already launched trials to help guarantee quality, consistency, and standards, according to local media, Guardian Reports.
Last year, the Western Cape High Court decriminalized the use of marijuana at home. The court says it would be up to a police officer to decide if the amount of marijuana in someone’s possession is for dealing or personal consumption.
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. Jeremy Acton, the leader of the Dagga Party, which campaigns for the use of cannabis, said the ruling should have gone further to legalise the carrying of marijuana in public, BBC Africa reports.
Cannabis is referred to as “dagga” in South Africa.
South Africa has ruled on the decriminalization of the private use of marijuana today. 🇿🇦 pic.twitter.com/s6AAzITJYq
— BAAB MEDIA (@BAAB_Media) September 18, 2018
Scenes from outside the Constitutional Court on Tuesday. @TeamNews24 pic.twitter.com/cK1rHCH39D
— Iavan Pijoos (@iavanpijoos) September 18, 2018
Rastas outside the Constitutional Court have already started growing their first #dagga plant. @TeamNews24 pic.twitter.com/RA0CASqwQ2
— Iavan Pijoos (@iavanpijoos) September 18, 2018