Constitutional Court


IT’S September 18 but stoners across the country will be allowed to make it a 420 day today, as it was announced this morning that it’s officially legal to smoke your zol in the comfort of your home.

The Constitutional Court has found that the ban on the private use and cultivation of dagga at a private home is unconstitutional.

Over a year ago, the Western Cape High court Judge Dennis Davies found that a ban on use of weed at home was against the constitutional right to privacy. The Constitutional Court was simply authorizing last year’s judgement. The case was brought forward by Rastafarian Garreth Prince and Dagga party leader of Jeremy Acton. A number of government departments appealed and wanted dagga use at home to remain criminalised.

Parliament has two years to amend laws on the use of dagga at home. What this judgement means, is that adults may possess, grow enough marijuana in private for personal use.

Judge Raymond Zondo said he took into account international law allowing the private use of dagga at home.

The judgement was welcomed by potheads across South Africa. “Thank you @DaggaPartySA Gareth Prince and the @DaggaCouple, and thank you Justice Zondo and @ConCourtSA. This is a great step towards full decriminalisation and re-legalisation of my favourite plant,” tweeted comedian Deep Fried Man.

Photographer Tebogo Letsie wrote on his Facebook “Imagine this: chilling in your garden, gates wide open and smoking all the weed you can enjoy…with no fear of ANY ONE. THE CONSTITUTION JUST GAVE THAT LEGAL RIGHT.”

While the opinionated Man’s Not Barry Roux, found some humour in the judgment tweeting that “Now we need land to grow dagga. The struggle continues.”

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