Constitutional Court to rule on private use of dagga


South Africa's government's had opposed its legalisation, arguing the drug was "harmful" to people's health. The unanimous judgment decriminalises adults smoking cannabis at home and growing enough for personal consumption.

ConCourt decriminalize use and possession of dagga in private use by adult.

"It has also ruled that Parliament must change sections of the Drug Trafficking Act, as well as the Medicines Control Act", stated at the report.

The Constitutional Court has upheld the Western Cape High Court ruling that the private use of dagga is legal. The judgement, handed down by Deputy Chief Justice, Raymond Zondo, states that adults are now legally allowed to grow, use and cultivate cannabis on their own property. But, the judgement does leave some room for misinterpretation, particularly with regards to the "personal use" statute.

Tuesday's ruling follows a judgment that the possession, cultivation and use of dagga for private use was allowed.

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"Dealing in cannabis is a serious problem in this country and the prohibition of dealing in cannabis is a justifiable limitation of the right to privacy".

Cannabis is referred to as "dagga" in South Africa.

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.

"If the police are of the view that the person is in the possession to resell, he can be arrested but a court will determine the outcome", said Zondo.

"This must be determined by parliament", he said.