Buying and selling dagga remains a crime, says court

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

South Africa's government's had opposed its legalisation, arguing the drug was "harmful" to people's the health. The judgment decriminalises the use of dagga at home, stated the report.

In the interim, adults can smoke dagga in private.

In 2017, the Western Cape High Court ruled that marijuana can be used at home and ruled that Parliament must change its Drug Trafficking and Medicines Control Acts law.

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In March a year ago, the Western Cape High Court ruled that personal use of marijuana (that's Dagga to you and me) should be legal, declaring that bans on the usage of dagga by adults in private homes are unconstitutional.

He added that it would not be a criminal offence for an adult person to use or be in possession of cannabis in private for their personal consumption in private. It held that the right to privacy extends beyond the boundaries of a home.

"This Court must invoke its powers under s 172 (1) (b) of the Constitution to order a suspension of the declaration of invalidity for a realistic period to ensure Parliament may correct the defect". But, the judgement does leave some room for misinterpretation, particularly with regards to the "personal use" statute. We still believe there are over 600 arrests for cannabis use.

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Basically, the courts will still process members of the public flagged and arrested by the police on suspicion of possessing cannabis with the intention to sell.

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 ruling also approved growing marijuana for personal consumption.

Parliament would have to decide on this, it said.

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