Minister of Justice and Constitutional Development v Prince is a decision of the
Constitutional Court of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction.
The Court was fi ...
delivered on 18 September 2018, which found that it is unconstitutional for the state to criminalize the possession, use or cultivation of
cannabis
''Cannabis'' () is a genus of flowering plants in the family Cannabaceae. The number of species within the genus is disputed. Three species may be recognized: ''Cannabis sativa'', '' C. indica'', and '' C. ruderalis''. Alternatively ...
by adults for personal consumption in private.
The court gave
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
24 months to amend the affected legislation, but also granted interim relief which had the effect of immediately making it legal for adults to use cannabis in private, possess cannabis in private for personal use, and cultivate cannabis in a private place for personal consumption.
The
Cannabis for Private Purposes Bill, approved in 2024, was the result from that process.
See also
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Cannabis in South Africa
Cannabis in South Africa has been decriminalised by the country's Constitutional Court for personal consumption by adults in private. However, laws prohibiting use outside of one's private dwelling and buying and selling cannabis still remain. Si ...
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Dagga Couple
The Dagga Couple or DC is a pro-cannabis lobbyist organisation from South Africa founded by Julian Stobbs and Myrtle Clarke after the two were arrested for the possession and dealing in the substance in 2010. Rather than plead guilty, the couple ...
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Legalisation of cannabis
The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These ...
/
Legalization of illegal drugs
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Drug policy
References
External links
Text of the judgment 2018 in South African case law
2018 cannabis law reform
Cannabis in South Africa
Constitutional Court of South Africa cases
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