The Constitutional Court has just handed down a judgment that it is legal for South Africans to grow a little dagga for personal use. Here’s what you need to know.
In March 2017, Justice Dennis Davis handed down a judgment in the Western Cape High Court that declared sections of the drugs and drug trafficking act invalid and unconstitutional after an application brought in by Rastafarian lawyer Gareth Prince – an advocate for the decriminalization of marijuana.
Prince argued that the criminalization of dagga use and possession was a violation of the right to equality, dignity, and freedom of religion.
Justice Davis suspended the order of invalidity on the use of cannabis until it could be confirmed by the constitutional court.
Caxton Central has provided avid smokers with some handy tips to keep to the correct side of the law.
What the decriminalization of growing pot at home means for users
1. You don’t need to wait for 420 anymore. Have a pot party to celebrate.
2. You are no longer dependent on dodgy dealers.
3. You are in charge of the quality of marijuana you grow.
4. You don’t have to be afraid of your weed being laced with other substances.
5. It is still illegal to smoke away from your home. You may not smoke in your car or at events and festivals.
6. Be considerate of your neighbors if you live in a complex.
7. Be mindful of the amount that you grow as you may be considered a distributor.
8. The judgment doesn’t specify the amount that can be used by an adult in private use. The separation of powers has been activated, and this must be determined by parliament.