The Constitutional Court of South Africa has legalized the use of marijuana by adults, as well as the cultivation of marijuana plants (cannabis sativa) throughout South Africa, but only for private use and only in private places.
The court gave the Parliament of South Africa 24 months to change the law to reflect its ruling. It also didn't specify the quantity of marijuana a person can grow or use in private. The court said Parliament will have to decide on this and pass a law to this effect.
The court also ruled that adults who used marijuana in private are protected by the ruling until the law is amended.
Marijuana, which is widely referred to as weed or cannabis in the West, is called "dagga" in South Africa.
The landmark ruling from the Constitutional Court judges was unanimous. It will, however, remain illegal in South Africa to use or smoke marijuana in public and to sell and supply it to other persons. The court also did not approve the trade in marijuana in any form. This means the South African government won't be able to profit from taxing a legalized marijuana industry later on.
Deputy Chief Justice Raymond Zondo said the ruling by the Constitutional Court means it will not be a criminal offense for an adult person to use or be in possession of cannabis in private for personal consumption.
Legal experts said the Constitutional Court's ruling focused on the issue of privacy, and a person's right to do as they please inside their own home. It had nothing to do with the legality or illegality of marijuana use. The court only approved the private use of marijuana.
Political scientists said the historic ruling also underscored the primacy of South Africa's Constitution at a time of rising distrust in government.
The ruling sprang out a case filed by three cannabis users who were arrested and were facing prosecution for using marijuana inside their home. In their defense, the trio said the ban on marijuana use "intrudes unjustifiably into their private spheres."
The Constitutional Court ruling affirms a previous ruling made in 2017 by the Western Cape High Court, which ruled that dagga should be legalized for home. The South African government, however, appealed this decision. The Constitutional Court's ruling this week is now the final say in the matter.
The court ruling was celebrated by pro-marijuana individuals. Activists cheered and chanted "Weed is free now" when the Constitutional Court made known its landmark ruling. The Cannabis Development Council of South Africa praised the court's decision and called on the government to dismiss all charges against people found in possession of marijuana.
