ConCourt Cannabis Judgment: What was the reasoning and what does it mean?
Parliament it is now constitutionally prohibited from passing legislation that would criminalise the private cultivation, possession, and consumption of cannabis
Tuesday, September 18, 2018
The Constitutional Court decriminalised the possession and cultivation of cannabis in private by adults for personal private consumption in Minister of Justice and Constitutional Development and Others v Prince. The Court relied on the right to privacy to reach this result. Although the order was suspended until Parliament can fix the defect in the law, the Court provided interim relief that will make it unlawful for the police to arrest adults who privately cultivate, possess or use relatively small amounts of cannabis. The right to privacy can be understood as a right to live one’s own life with a minimum of interference by the state and by other private institutions or persons. (See also: ConCourt rules that personal use of dagga is not a criminal offence)
