Personal Cannabis Use Legalised in South Africa?

By |Published On: March 31st, 2017|

The Western Cape High Court case for the legalisation of Cannabis in South Africa has taken years and multiple postponements to reach today’s verdict that Cannabis prohibition in South Africa is “unconstitutional”. 

Ras Gareth Prince, who has previously lost a Constitutional Court case based on legalising for religious purposes only, and Jeremy Acton, leader of The Dagga Party, have personally plead their case before Judge Dennis Davis in the hope that this time we will see the court rule in favour of more proactive and realistic approach to Cannabis use in the country. This ruling comes on the last day of the promised 1st quarter finale of this long ongoing trial and has kept many of the nation’s citizens on tenterhooks for what would be a game changer for local Cannabis users.

Despite the trial having experienced a number of ups and downs, public support has consistently been strong and Judge Davis has allowed both sides to plea their case. All three judges of the Cape Town High Court unanimously declared the laws regarding Cannabis to be unconstitutional and declared that the South African government had 24 months to amend these laws in favour of legalisation. The court ordered that all cultivation, possession and personal use on private property be immediately permitted. The details regarding distribution and retail were however not ruled on in the judgement. As it stands, this means that the laws regarding Cannabis fall somewhere between decriminalisation and legalisation. While the State may still choose to appeal this ruling.

Parliament will now need to within the next 2 years formulate a policy to deal with formalising legalisation, while all personal Cannabis related arrests and prosecutions are suspended for this period. This is a huge victory for personal and human rights in South Africa.

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About the Author: William

Operations manager at Fields of Green for ALL, cannabis culture blogger and general do it all at The High Co.

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  1. EXCELLENT MADUNA September 20, 2018 at 2:10 pm - Reply

    Hi Myrtle Clarke…i would start by thanking ur’ll guys that you fought for the freedom of using cannibis YOU GUYS ROCK…..

    and i kinder have a question here…so i am an artist i make art (using ganja seeds in most of my designs ) so i am a recycler because i collect seeds and create something that is artistic out those seeds. so my question is em i gonna have a problem with the police if i sell these designs made out of weed seeds all over jorburg?

    • Myrtle Clarke September 27, 2018 at 10:59 am - Reply

      What a lovely thing to do and proof that Cannabis makes you creative! If you have any problems with the police you can tell them that they are hemp seeds that you bought from the health shop and they are glued to your artwork so cannot be germinated!
      We would love to see what your art looks like, please send us a pic!

  2. […] made earlier this year in favor of cannabis legalisation in South Africa. In the groundbreaking High Court ruling, Judge Dennis Davis found that the prohibition of the plant and its use was at the very least an […]

  3. Ruwart de Jong July 18, 2017 at 6:28 am - Reply

    Hi Guys,
    I have Cancer and serious back problems, at this stage the Government medical services cannot supply me with morphine as usual, the only close alternative is cannabis, however not as effective! Why had one MP had to commit suicide? He was in total agony most of the day and night. He may have been living today if it was legal at that stage. effectively the South African Government killed him!!!!!

  4. marlon May 10, 2017 at 9:27 am - Reply

    plz someone tell me can I smoke at home

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