BLOEMFONTEIN: After a bit of confusion, ConCourt has made the significant move to make dagga legal, as long as it is being used privately.
In a victory for marijuana users across South Africa, ConCourt has officially legalized dagga use in a private capacity. The judgement was made just after 10:15 on Tuesday morning.
The Western Cape High Court sensationally ruled that dagga should be legalized 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 representatives are expected to testify.
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.