The Constitutional Court has ruled that the private cultivation, possession and consumption of cannabis is legal. Here are the key elements of the ruling:

1. *Laws cannot prohibit private individuals from using or possessing cannabis in private*

The ruling says that section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 and section 22A(9)(a)(i) of the Medicines and Related Substances Control Act 101 of 1965 "are inconsistent with the right to privacy entrenched in section 14 of the Constitution and, therefore, invalid to the extent that they make the use or possession of cannabis in private by an adult person for his or her own consumption in private a criminal offence."

2. *It's okay to cultivate cannabis in a "private place" for your own consumption*

The ruling says provisions of section 5(b) of the Drugs and Drug Trafficking Act 140 of 1992 "are inconsistent with the right to privacy entrenched in section 14 of the Constitution and, are, therefore, constitutionally invalid to the extent that they prohibit the cultivation of cannabis by an adult in a private place for his or her personal consumption in private."

3. *The operation of the above orders are suspended for two years*

The court said the orders described in 1. and 2. above "is hereby suspended for a period of 24 months from the date of the handing down of this judgment to enable Parliament to rectify the constitutional defects."

4. *No public smoking of marijuana is permitted*

The judgement repeatedly states that the ruling only applies to private use of marijuana, ruling out public consumption of the drug. It states that section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 should be read as if it has the qualification "in the case of an adult, the substance is cannabis and he or she uses it or is in possession thereof in private for his or her personal consumption in private."

5. *No commercial marijuana cultivation*

The order makes it clear that only cultivation of marijuana for private use should be allowed, ruling out commercial growth of the drug as has occurred in the US state of California, for example. The ruling makes it clear that "dealing in" cannabis may only occur as "the cultivation of cannabis by an adult in a private place for his or her personal consumption in private".

Breaking: Dagga is now legal in South Africa for private use, rules ConCourt

After a bit of confusion, ConCourt has made the significant move to make dagga legal, as long as it is being used privately.

2018-09-18 10:32

inNews

In a victory for marijuana users across South Africa, ConCourt has officially legalised dagga use in a private capacity. The judgement was made just after 10:15 on Tuesday morning.

Legal marijuana: Dagga consumption given the green light

The Western Cape High Court sensationallyruled that dagga should be legalised for home use in 2017. However, the state appealed this decision, putting it on the backburner for another year.

SA's Constitutional Court has now handed down its own decision, which should be the final say in the matter: Forget 4/20, it looks like 9/18 will be a more significant number for South African smokers now.

Raymond Zondo with the final say

The judgement was delivered by none other than Deputy Chief Justice, Raymond Zondo. He's also the head of the state capture inquiry, and his day doesn't end with this:Mr Zondo will be attending the commission's hearing on Tuesday,where ABSA representativesare expected to testify.

Needless to say, the verdict went down very well in the public chambers:

Dagga in South Africa laws: How it will work

The government now has 24 months to officially write this bill into law. However, private use does have the go-ahead as of Tuesday 18 September. Zondo clarified that it is now up to the ruling ANC to decide what quantities are allowed per person, and it must strictly be based on "personal use":

"The judgement doesn't specify the amount that can be used by an adult in private use -- this must be determined by parliament. It must be for the personal use of the person."

The official status for dagga is that it is now "decriminalised". However, dealing marijuana, selling it on to others or smoking it outside the confines of your own home remains an illegal practice.

The official line is that adults are allowed to grow, use and cultivate the substance on their own property. Everything else -- including the potential for sin taxes plus the "where and when" of how users can buy dagga -- must be outlined by government.

On 2018-09-18 16:02:24 elbuorT said:
Like seriously gentlemen, you're going to concern yourself with the legalization of weed?

You cannot substantiate any of those concerns with real statistics which is why most times people base their judgements on emotions. I've been smoking weed since I was young. I've done a lot of research on this subject that's why I celebrate this day.

#SmokeWeedEveryday.

Really, all I can say your search engine couldn't have been refined enough

On 2018-09-18 16:56:22 Sexyhumour said:
On 2018-09-18 16:43:53 Climax said: On 2018-09-18 16:27:18 Amsohornee said:


Ganja smokers are also very peaceful people, go to bass line in Newtown you'll see what I'm talking about...

One love...


I agree I'm not a heavy weed smoker but I have guy friends from home who heavily smoke weed and they are the most peaceful people I know. It seems as if weed numbs them where quarrels are involved.

All they preach is ONE LOVE!!!

Right see how 'peaceful' they are when they can't get a spliff, it is horrifying

@Tegwane
Weed is a soft drug.
Alcohol is also a soft drug.
Massive carnage on the roads due to drinking and driving.
It won't be worse, just the same.
@amsohornee
If weed is a "gateway drug" then so is alcohol.
This gateway thing is a myth.
All hard drug takers once drank water (and milk).

Long term use makes you slow and stupid. This will only aid in the countries destruction which is well underway. Take a look at the habits of successful people, this is not one of them. Very bad for S.A if you ask me. Just another compromise, what's next??

On 2018-09-18 17:25:10 Tegwane said:
On 2018-09-18 16:56:22

Right see how 'peaceful' they are when they can't get a spliff, it is horrifying

They may be smoking the herb with other substances....which is why they get edgy....it may have nothing whatsoever to do with the herb....I battle to sleep...I use the herb as a sleep aid....works MUCH better than sleeping tablets which can become very addictive...and I wake up with a clear head not with fuzz like when I used sleeping tablets.
I do not go crazy all day because I haven't had my blunt nor do I have to have it if for example I'm overseas with my family.
Please don't paint all herb users with the same brush. I don't mix mine with tobacco, alcohol or any other substances. And I've been doing this for several years now. I appreciate the calming effects it brings.
#OneLove

On 2018-09-18 18:09:30 Jewel said:
On 2018-09-18 17:25:10 Tegwane said: On 2018-09-18 16:56:22

Right see how 'peaceful' they are when they can't get a spliff, it is horrifying

They may be smoking the herb with other substances....which is why they get edgy....it may have nothing whatsoever to do with the herb....I battle to sleep...I use the herb as a sleep aid....works MUCH better than sleeping tablets which can become very addictive...and I wake up with a clear head not with fuzz like when I used sleeping tablets.
I do not go crazy all day because I haven't had my blunt nor do I have to have it if for example I'm overseas with my family.
Please don't paint all herb users with the same brush. I don't mix mine with tobacco, alcohol or any other substances. And I've been doing this for several years now. I appreciate the calming effects it brings.
#OneLove

Triple like...

On 2018-09-18 17:50:43 Mike40 said:
@Tegwane
Weed is a soft drug.
Alcohol is also a soft drug.
Massive carnage on the roads due to drinking and driving.
It won't be worse, just the same.
@amsohornee
If weed is a "gateway drug" then so is alcohol.
This gateway thing is a myth.
All hard drug takers once drank water (and milk).

Sir, I strongly disagree. At the moment, here in the UK there is talk of something similar. I realise that they don't smoke the proper stuff here, they smoke skunk, it is still weed and the people end up goofed out of there minds. There is now a new one called spice which leaves the user comatose. Apparently a derivative from weed, but very very frightening as the users just pass out where they have used it. It costs 2 quid to make three joints. These people are falling over roads, train lines off rooves, you get the drift. My concern is here the policing is better, at home this is a silver bullet, and there are gonna be severe repercussions

On 2018-09-18 18:06:40 cutejhbguy said:
Long term use makes you slow and stupid. This will only aid in the countries destruction which is well underway. Take a look at the habits of successful people, this is not one of them. Very bad for S.A if you ask me. Just another compromise, what's next??

Thank you for putting it so eloquently