Dagga can be used at home, Cape court rules
Cape Town – Parliament has 24 months to align relevant legislation to the use of Cannabis with the Constitution, the Western Cape High Court has ruled.
In a much celebrated outcome, Judge Dennis Davies ruled on Friday morning that an adult may cultivate and use cannabis in the privacy of their own home.
“The order also makes clear that the relevant provisions are only unconstitutional to the extent that they entrench upon the private use and consumption of a quantity of cannabis for personal purposes.
Davies said sections 4 (b) and 5 (b) of the Drugs and Drug Trafficking Act and section 22 A (9) (a) (i) of the Medicines and Related Substances Control Act 101 were “inconsistent with the Constitution and invalid”.
“In the interim period, it is necessary to provide that prosecutions that fall within legal provision declared to be unconstitutional should be stayed”, the judge said.
The matter was brought to court by Ras Garreth Prince against the Minister of Justice and Constitutional Development, the Minister of Police, the Minister of Health, the Minister of Trade and Industry as well as the Director of Public Prosecutions.