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ConCourt rules that law banning dagga use in private is unconstitutional

Cannabis 2018 Legal in South Africa

We recently wrote a post about the landmark judgement which would be handed down today, and it’s now been made official! Cannabis/Marijuana/Dagga legal now in South Africa for personal use and cultivation at home.

Thousands of South Africans have been waiting patiently now for over a year since the original court case to find out if they can use Cannabis in the privacy of their own home.

The Constitutional Court has upheld a ruling by Western Cape High Court judge Dennis Davis that it was legal for South Africans to grow cannabis – known locally as dagga – for personal use. Dagga legal in 2018.

“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,” deputy chief justice Raymond Zondo said on Tuesday.

In a landmark ruling on Tuesday morning, South Africa’s highest court dealt a blow to the Minister of Justice when it dismissed the appeal against Judge Davis’ judgment. Deputy Chief Justice Raymond Zondo, announcing a unanimous verdict, said that certain sections of the legislation covering the use of cannabis was unconstitutional. This means that “no adult will be arrested for being in possession of Dagga for personal use in South Africa”.

In March last year, the Western Cape High Court handed down a ruling that declared sections of the Drugs and Drug Trafficking Act invalid and unconstitutional after an application brought by Rastafarian lawyer Gareth Prince, an advocate for the decriminalisation of marijuana.

There are still a lot of questions which remain unanswered and we suggest reading the previous post to see more about that.

A quick summary.

Concourt South Africa decriminalized cannabis for personal use! Right to privacy established. Dagga legal now in 2018.

Concourt rules drugs trafficking act 4a and 4b unconstitutional and infringes on the right of privacy, and right to privacy is not confined or limited to home.

Decriminalized cannabis use in private. Decriminalize private cultivation.

Interim relief is granted for 24months, it will not be a criminal offence for an adult to use or be in possession in private or for personal cultivation.

The judgement doesn’t specify how much cannabis an adult may use or have or cultivate for personal consumption and will let parliament decide on quotas.

In criminal proceedings evidence may be used to show cannabis was not used for personal.

The application to stay further proceedings has been dismissed.


22:15 minutes in is what you may be wanting to hear.

Download (PDF, 528KB)

6 thoughts on “ConCourt rules that law banning dagga use in private is unconstitutional

  1. […] In September 2018 the Constitutional Court of South Africa decriminalized dagga for personal use. […]

  2. […] that dagga/Cannabis has been decriminalized for personal cultivation and use, and with the many pending legal Cannabis licence applications for […]

  3. […] Dagga has been decriminalised, and Cannabis oil and CBD oil has gone mainstream in South Africa, more veterinarians are […]

  4. […] Cannabis at home just got a lot easier with the decriminalizing of the plant and for the first time in many years cannabis can break free from the modified wendy house with […]

  5. […] the recent constitutional court ruling more South Africans are wanting to experiment with Cannabis and we’ve received so many emails […]

  6. […] dagga/cannabis/marijuana has been decriminalized in South Africa there are more people wanting to learn different ways to ingest Cannabis for its medicinal and […]

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