The Western Cape High Court has passed a ruling that allows for the possession, growth and use of dagga in the home. Additionally, Parliament has been ordered to change sections of both the Drug Trafficking Act and the Medicines Control Act.
The application to decriminalise the use of marijuana in the home was first filed in December by Dagga Party leader Jeremy Acton and Rastafarian Garreth Prince. Together, they have been helping people arrested for possession by obtaining a stay of prosecution and have spoken out against the laws of dagga use, which they purport to be unfair, discriminatory, outdated and disproportionately applied to black users, News24 reports.
Prince, a former University of Cape Town law student, had unsuccessfully filed an application to have dagga decriminalised for religious purposes previously after applying as an attorney and being rejected by the Cape Bar. The decision was made based on a dagga conviction he obtained in 1989.
Although the ruling is a success, the changes to the Drug Trafficking and Medicines Control Acts must still be instated with the court giving Parliament 24 months to do so. The judgement also does not allow the right to sell dagga.
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