Public urged to familiarise themselves with cannabis judgment

Thursday, October 25, 2018

Cabinet has requested members of the public to familiarise themselves with the recent court judgment on marijuana.

“Members of the public are requested to familiarise themselves with the judgment as the use of cannabis in a public place is prohibited. Furthermore, the judgment did not decriminalise the dealing in cannabis,” said Cabinet in a statement on Thursday.

In September, the Constitutional Court ruled that the use and cultivation of marijuana for personal use is legal.

The landmark judgment delivered by the apex court declared section 4(b) and section 5(b) of the Drugs Act and section 22A(9)(a)(i) of the Medicines Act constitutionally invalid.

The effect of the judgment decriminalises the use or possession of cannabis by an adult in private for that adult person’s personal consumption in private.

It also decriminalises the cultivation of cannabis by an adult in a private place for that adult’s personal consumption in private.

The ruling upheld a decision made by the Western Cape High Court which declared legislation criminalising the use, possession, and cultivation of cannabis unconstitutional.

While Cabinet acknowledged that the judgment exists in the context of other laws, it is taking advice on the matter.

Cabinet met in Cape Town on Wednesday. –