So our recent voting poll resulted in you guys asking for legal advice on Marijuana! So here you go:
The #ConstitutionalCourt is the highest (excuse the pun) Court in South Africa. I’m sure we’ve all heard by now of the Judgment handed down about #MARIJUANA, #CANNABIS and its #legalisation. •
Although the decision was unanimous, with all the sitting Constitutional Court judges agreeing, it does not mean you can do as you please! You will still be arrested and/or charged with a criminal offence! So, here is the summary:
There are laws in South Africa that govern the use, sale, possession and production of marijuana in South Africa and all of the above are criminal offences.
The Constitutional Court DID NOT legalize any of them. It simply declared the fact that they are illegal to be unconstitutional.
The result though is that although the law has not yet been changed to be inline with the judgment as yet (parliament has 2 years), you will not be convicted of the crime due to your defense being that the law is unconstitutional as proved by this landmark case. •
So, what will you get away with, I hear you ask? Well:
1. You may smoke Marijuana in the privacy of your own home;
2. You may cultivate Marijuana in the privacy of your own home, only for your personal use;
3. You may possess marijuana only for your individual use;
4. You may NOT sell or buy marijuana;
5. You may NOT smoke it wherever you please/in public;
6. Minors may not use, possess, cultivate or sell/buy marijuana!
It’s reasoning? In brief: alcohol is worse and criminalizing dagga did not help!
If you have any questions I have not answered above, feel free to send me a message!
#weed #dagga #legaladvice #law #youaskedforit #highAF #ConCourt