South Africa: cannabis legalization on hold?

On March 31, a historic decision was taken in South Africa. Cannabis is now legal for private and recreational use. As a result, the South African government must amend its cannabis laws to allow both medicinal and recreational use. The country's Parliament and Government have 24 months to bind the court's verdict.

Cannabis supporters in South Africa rejoiced after the announcement of this victory. However, the government continues to oppose, and several of the country's officials and law enforcement agencies have announced that they will appeal within the prescribed timeframe. The verdict may be appealed to the Supreme Constitutional Court.

The South African government pointed out that the High Court decision referred only to the use of cannabis in private life. This aspect was not addressed in the application filed by Rastafarian lawyer Gareth Prince. He also pointed out that the South African High Court rejects the evidence presented by the State, which explains why the decision remains pending.

The origins of cannabis prohibition in South Africa

In the 1920s, South Africa was one of the first countries to call for the prohibition of cannabis use in international narcotics treaties. At the Geneva Opium Conference in 1925, the country's delegates demanded that cannabis be subject to the same controls as opium.

Unlike other Commonwealth countries, such as Canada and New Zealand, South Africa had a small white minority. The population was predominantly black and Indian, and their rights were severely restricted. The prohibition of cannabis benefited the South African aristocracy in order to suppress the product, which was one of the few privileges enjoyed by the poorest. Although cannabis cultivation was widespread, its prohibition remained in place until 1994, when the social segregation of apartheid came to an end.