It's legal to smoke dagga at home, ConCourt rules

South Africa’s Constitutional Court has ruled that personal use of marijuana is not a criminal offence

SA Constitutional Court Says Using And Growing Mbanje For Private Use Is Legal

According to a report by News24, the 2017 ruling allows for the possession, cultivation, and use of dagga at home for private use.

As part of the judgement deputy chief justice Raymond Zondo took the view that it should be left to Parliament to decide on the quantity of cannabis that an adult person may use, possess or cultivate for it to amount to "personal use". Today, the Constitutional Court has agreed, effectively making the personal possession, cultivation and use of cannabis at home legal - or at the very least, decriminalised.

In addition to this, parliament has been given two years to change sections of both the drug trafficking act and the medicine controls act.

He says the users of alcohol and tobacco are allowed to use these substances however they wish.


In a victory for marijuana users across South Africa, ConCourt has officially legalised dagga use in a private capacity.

FILE PHOTO: A man smokes marijuana, known locally as dagga, during a march calling for the legalisation of cannabis in Cape Town, South Africa, May 6, 2017.

Government authorities have said cannabis is harmful and should be illegal. In short, smoking dagga in the privacy of your own home is now perfectly legal, despite neighbourly objections and a fierce social stigma which has been attached to dagga thanks to South Africa's generally conservative makeup.

It said the country's cannabis ban was in contradiction to its constitution which gives citizens the right to privacy.


Parliament is now expected to amend the laws that criminalize cannabis following the court ruling.

Obviously, there are clear-cut situations which denote the differences between private use and possession with the intention to sell.

The breakthrough for South African cannabis users came just a day after USA soft drinks giant Coca-Cola confirmed it was studying the use of a key ingredient in marijuana to make "wellness beverages".


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