Relief mixed with anger over court’s ruling on cannabis use

which would boost the economy and create jobs.

Hemp is the fibre of the cannabis plant, extracted from the stem, and used to make rope, strong fabrics, fibreboard and paper.

In 2014 the IFP introduced the Medical Innovation Bill, which, last year, opened the doors for South Africans to apply to the South African Health Products Regulatory Authority for licence to grow, cultivate and manufacture cannabis for medicinal purposes. Additionally, the party has since 2014 been at the forefront of calls to commercialise hemp in the country.

In a ruling read by Deputy Chief Justice Raymond Zondo, the highest court in the land confirmed a previous judgment of the Western Cape High Court.

The National Prosecuting Authority (NPA) had hoped the Constitutional Court would overturn the Western Cape High Court’s ruling.

Ministries of Health, Police, Trade and Industry and Justice and Constitutional Development had joined forces with the NPA to appeal the Western Cape ruling but yesterday’s ruling effectively dismissed their appeal.

“I am of the view that the prohibition of the performance of any activity in connection with the cultivation of cannabis by an adult in private for his or her personal consumption in private is inconsistent with the right to privacy entrenched in the Constitution and is constitutionally invalid,” said Justice Zondo in his ruling.

There were ululations inside and outside court soon after he finished reading the historic judgment.

Justice Zondo pointed out that Parliament now had 24 months to repeal laws that banned smoking and cultivation of dagga in private homes.

He also left it to Parliament to stipulate grams that one can possess in their private home. However, the ruling does not legalise the sale of dagga nor public use.