Personal use of cannabis now legal in South Africa

On Friday, March 31, a historic decision was taken in South Africa when the High Court in the province of Western Cape decided that the illegality of cannabis (dagga) was unconstitutional. This decision marked a significant change in the country: the cannabis now legal for private use (all 66 pages of the decision are here).

Until now, the cultivation, consumption and possession of cannabis have been illegal under the law. Criminal Prohibition of Dagga Act. The court ruled that cannabis prohibition was unfair, outdated and discriminatory, and declared that the law disproportionately targeted people of color.

It is now legal to possess and consume cannabis at home, and to grow it. The details of legal distribution and a distribution circuit, however, were not addressed in the ruling. For the time being, therefore, the sale of cannabis for recreational use is not authorized. Visit Medical cannabis is already legal in South Africa.

The legislator now has 24 months to update two laws, the Drug Trafficking Act and the Medicines Control Act, in line with the legalization of private cannabis use, celebrated by cannabis activists around the world.

The legalization of cannabis in South Africa was largely pushed by the director of the Dagga Party, Jeremy Acton and Rastafarian Garreth Prince. Garreth said: «This means that South Africans can consume cannabis in their own homes. At the very least, the police could focus their attention on serious crimes and stop wasting precious resources, time and action chasing people for cannabis».

A person could still be arrested for cannabis use, but could cite his or her right to privacy. In short, weed isn't 100% legal, and won't be until Parliament finalizes its legalization. But consumers will no longer have to worry about being prosecuted or arrested for consuming cannabis in their own homes.