Monday, April 3, 2017

Cannabis prohibition found to be overbroad.

Congratulations to Jeremy Acton who won his case at the Cape High Court.

In his judgement Judge Davis found provisions of the Drug and Drug Trafficking Act to be overbroad with respect to the consumption of cannabis in the privacy of one's home.

What does this mean? Judge Davis created a new defence: The "For personal consumption at home" defence, which will remain valid for the next two years or until parliament has amended the law.

It is therefore now legal to consume and grow cannabis in the privacy of one's home for personal consumption. 

The right to privacy is central to this case and the reason the right to smoke cannabis at home and not in public is because at home we have a heightened expectation of privacy. A person's expectation of privacy is lower the futher into public they venture. If you want to smoke in your car? Keep the windows rolled up! Don't smoke a bong or a chillum, but a joint. There has been a partial semi-decriminalisation. Be cool about it.

Proving personal consumption can be achieved through the production of a filthy bong, or a collection of roaches. Keep these handy in case the police ever decided to visit.

So. Still illegal, except when at home for personal consumption reasons.

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