South Africa: minors will no longer be imprisoned for cannabis possession

As of this weekend, South African minors caught with simple cannabis offences (possession of small quantities or consumption) can no longer be incarcerated, following a verdict handed down by the Johannesburg High Court.

The original case presented to the courts involved four children who tested positive for dagga at school and found themselves in «compulsory residence» for an indefinite period at two youth protection centers. The Johannesburg High Court ordered their immediate release in February 2019.

As far as drug testing in schools is concerned, South African law clearly states that the principal must have reasonable suspicion to carry out a test, that no criminal proceedings can be instituted, that the results must be kept confidential and that disciplinary proceedings only are authorized.

The question posed to the judges, however, was whether criminal sanctions should be imposed on children when the Constitutional Court legalizes private use of cannabis for adults.

«It's a narrow question about decriminalizing the use and possession [of cannabis] so that another, more appropriate solution can be provided for children,» have declared judges.

«All parties agreed that Section 4b of the Drug Trafficking Act, insofar as it applied to children, was unconstitutional and that a child-centered approach should be proposed to combat drug use and abuse, which should include drug awareness, educational programs and treatment as well as rehabilitation.»

«Pending completion of the law reform process referred to in this judgment [?editor's note: the legalization of cannabis in South AfricaIn order to correct the constitutional defects, no child can be arrested and/or prosecuted and/or diverted for violating the contested provision,» said the judge.