The Constitutional Court has ruled that the private cultivation, possession and consumption of cannabis is legal. Here are the key elements of the ruling: 1. Laws cannot prohibit private individuals from using or possessing cannabis in private The ruling says that section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 and section 22A(9)(a)(i) of the Medicines and Related Substances Control Act 101 of 1965 "are inconsistent with the right to privacy entrenched in section 14 of the Constitution and, therefore, invalid to the extent that they make the use or possession of cannabis in private by an adult person for his or her own consumption in private a criminal offence." 2. It's okay to cultivate cannabis in a "private place" for your own consumption The ruling says provisions of section 5(b) of the Drugs and Drug Trafficking Act 140 of 1992 "are inconsistent with the right to privacy entrenched in section 14 of the Constitution and, are, therefore, constitutionally invalid to...

Subscribe now to unlock this article.

Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).

There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.

Cancel anytime.

Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Speech Bubbles

Please read our Comment Policy before commenting.