Parliament is considering introducing a new bill after dagga for private use was decriminalised on Tuesday.
The Constitutional Court on Tuesday ordered that the private consumption and cultivation of cannabis be decriminalised.
“The right to privacy is not confined to a home or private dwelling. It will not be a criminal offence for an adult person to use or be in possession of cannabis in private space,” Deputy Chief Justice Raymond Zondo said in his ruling.
The court gave Parliament 24 months to update legislation relating to cannabis to be in line with its ruling.
“Parliament notes the judgment today by the Constitutional Court on the use of dagga or cannabis in private homes and the 24-month period within which the national legislature is expected to rectify constitutional defects in the Drugs and Drug Trafficking Act of 1992 and the Medicines and Related Substances Control Act of 1965,” it said in a statement.
“This could entail Parliament introducing a new bill. Alternatively, the executive, who were party to the litigation, could introduce a new bill to give effect to the order of the court.”
Parliament said it was in possession of the judgment and that “the relevant structures in Parliament would take a decision on the matter to give effect to the judgment”.
“As required by the Constitution, the public will have an opportunity to make submissions during the processes in Parliament.”
One of the issues Parliament will have to clarify is exactly how much cannabis a person can legally have in their possession for personal use. — News 24