South Africa's apex court legalizes marijuana consumption for adults
On Tuesday, South Africa's apex court, in a unanimous ruling, legalized the use of marijuana for personal consumption in private spaces. The ruling saw pro-marijuana activists in the court's public gallery breaking into chants of "Weed are free now." Notably, the South African government, which had opposed the legalization of marijuana, has not commented on the ruling, which is binding. Here are the details.
South Africa is the third African nation to legalize weed
The ruling by South Africa's apex court now makes the country the third in Africa to have legalized marijuana use, after Lesotho and Zimbabwe.
Details of the court ruling
The ruling by Deputy Chief Justice Raymond Zondo also saw the growing of marijuana for personal consumption being legalized. Zondo ruled that it would no longer be a criminal offence if an adult person was found to be in possession of, or using marijuana for personal consumption in private spaces. However, public use and selling or marijuana will remain illegal.
How stakeholders reacted to the ruling
While the South African government has yet to comment on the ruling, the Cannabis Development Council of South Africa welcomed the court's ruling. Further, Jeremy Acton, the leader of the Dagga Party (literally meaning 'Cannabis Party'), said that the court should have gone further and should have legalized the carrying of marijuana in public.
Court ruling will protect cannabis users till law is changed
The court has given South Africa's parliament 24 months to change legislation to reflect its ruling. Among other things, the court has left it to the parliament to decide on the quantum of marijuana a person can grow or use in private. Till such time law is changed, private users of cannabis will be protected by the court ruling.
The implications of the court ruling
While the ruling emphasized the primacy of South Africa's constitution, which remains one of the most liberal in the world, the police have opposed the change owing to its implications on South Africa's criminal justice system that routinely locks up thousands of impoverished citizens for using or dealing in small amounts of cannabis. Further, owing to restrictions on sale, the government can't tax cannabis.
