In a unanimous judgment, the ConCourt this morning ruled that sections of the Drugs Act, as well as the Medicines and Related Substances Control Act (Medicines Act), are unconstitutional and rendered invalid. The Drugs Act currently criminalises the use, cultivation and possession of cannabis.
In his ruling statement, Deputy Chief Justice Raymond Zondo declared, "The right to privacy is not confined to a home or private dwelling. It will not be a criminal offence for an adult person to use or be in possession of cannabis in a private space.
"The judgment does not specify how many grams of cannabis can a person use or have in private."
It will now be up to Parliament to decide on what quantity will be considered "for personal use". Until then, police officers will need to use their own discretion to gauge whether the amount of dagga found on an individual could be considered for personal consumption only. If an officer, through reasonable judgment, suspects someone of dealing, they may arrest the person.
