Image copyright Getty Images Image caption The ruling is a victory for pro-marijuana activists

South Africa's highest court has legalised the use of cannabis by adults in private places.

Pro-marijuana activists cheered in the public gallery and chanted "Weed are free now" when the Constitutional Court gave its landmark ruling.

In a unanimous ruling, judges also legalised the growing of marijuana for private consumption.

South Africa's government had opposed its legalisation, arguing the drug was "harmful" to people's health.

It has not yet commented on the ruling, which is binding.

Three cannabis users who had faced prosecution for using the drug brought the case, saying the ban "intrudes unjustifiably into their private spheres".

In his judgement, Deputy Chief Justice Raymond Zondo said: "It will not be a criminal offence for an adult person to use or be in possession of cannabis in private for his or her personal consumption."

It will, however, remain illegal to use cannabis in public, and to sell and supply it.

Image copyright EPA Image caption Parliament will have to decide how much cannabis people can keep

The Cannabis Development Council of South Africa welcomed the ruling, and called on the government to drop charges against people found in possession of the drug.

Jeremy Acton, the leader of the Dagga Party, which campaigns for the use of cannabis, said the ruling should have gone further to legalise the carrying of marijuana in public.

Cannabis is referred to as "dagga" in South Africa.

Court brushes aside opposition

By Andrew Harding, BBC News, Johannesburg

This judgement is a reminder that South Africa's hard-won constitution is among the most liberal in the world, backing individual rights, and in this case the right to grow and smoke your own marijuana in private, against the government's concerns about public health and public order.

The Constitutional Court's ruling focuses on the issue of privacy, and a person's right to do as they please in their own home.

The potential implications of the binding judgment are enormous, and unpredictable - particularly in terms of the criminal justice system, which routinely locks up thousands of overwhelmingly poor South Africans for using or dealing in small amounts of cannabis.

It is possible that the ruling, by allowing users to grow their own marijuana at home, could undermine the stranglehold of powerful drug gangs that blight so many communities. But the police, who argued against this change, will worry that the ruling will create more ambiguity and send the wrong signal to criminals.

The court has not approved - in any form - the trade in marijuana, meaning the government will not be able to profit from taxing a legalised industry.

In political terms, the landmark ruling emphasises the primacy of South Africa's constitution, which brushed aside the united opposition of numerous government ministries at a time when the authority and credibility of many of this young democracy's other institutions have been eroded by corruption and poor governance.

The court gave parliament 24 months to change the law to reflect its ruling.

Adults who used marijuana in private would be protected by the ruling until the law was amended.

The court did not specify the quantity of cannabis a person can grow or use in private.

Parliament would have to decide on this, it said.

In April Zimbabwe became the second country in Africa, after Lesotho, to legalise the use of marijuana for medical use.</s>Windies women’s captain, Stafanie Taylor, is confident that her team has prepared well for the start of today’s first One Day International against South Africa at Kensington Oval in Barbados.

The series will run three ODIs and five Twenty20 Internationals from today, through to October 6.

“It’s good to be back and a part of the team. The team has been working really hard for the last three months and it has been good preparation,” Taylor told media ahead of the first game.

While the South Africans are far from home, Taylor is aware that the Windies will have some adapting to do as well, even if they are more used to the conditions than their visitors.

“I think it’s basically adapting. Playing at home, we should play better than South Africa but when saying that it will not be an easy series,” she said.

The Windies have not had a great time playing against South Africa recently. At the World Cup, South Africa beat the Windies twice, in fairly one-sided affairs, but the Windies skipper feels they can do better this time around.

“The last time we met South Africa they had the upper hand but that is all in the past. We want to push forward, control what we can, the first game tomorrow,” said Taylor.

Maybe there is a little bit of vengeance in the swagger of the Windies team but Taylor believes there has to be some science to the emotion of revenge and that the South Africa that demolished them at the World Cup is a different team than they will face on Monday morning.

“There is a score to settle, but looking at the South African team, they have been evolving, improving over the last few years. They are still improving. They have some young girls in the team who look good as well,” she said.

One of the keys, if the Windies are to get the revenge they seek against the South Africans, they need

“We know how good we are as players but we want to be good as a team. We need to be working on that consistency. Consistency is where we need to improve,” said Taylor.</s>South Africa’s highest court has legalised the use of cannabis by adults in private places.

Pro-marijuana activists cheered in the public gallery and chanted “Weed are free now” when the Constitutional Court gave its landmark ruling.

In a unanimous ruling, judges also legalised the growing of marijuana for private consumption.

South Africa’s government’s had opposed its legalisation, arguing the drug was “harmful” to people’s the health.

It has not yet commented on the ruling, which is binding.

In April Zimbabwe became the second country in Africa, after Lesotho, to legalise the use of marijuana for medical use.

Three South African cannabis users who had faced prosecution for using cannabis brought the case, saying the ban “intrudes unjustifiably into their private spheres”.

In his judgment, Deputy Chief Justice Raymond Zondo said: “It will not be a criminal offence for an adult person to use or be in possession of cannabis in private for his or her personal consumption.”

The judges did not specify the quantity of cannabis a person can use or have in private.

It will, however, remain illegal to use cannabis in public, and to sell and supply it.

The Cannabis Development Council of South Africa welcomed the ruling, and called on the government to drop charges against people found in possession of the drug.

Jeremy Acton, the leader of the Dagga Party, which campaigns for the use of cannabis, said the ruling should have gone further to legalise the carrying of marijuana in public.

Cannabis is referred to as “dagga” in South Africa.

The court gave parliament 24 months to change the law to reflect its ruling.

Adults who used marijuana in private would be protected by the ruling until the law was amended.

The court did not specify the quantity of cannabis a person can grow or use in private.

Parliament would have to decide on this, it said.(BBC)</s>In the west, Africa is perceived non-progressive and conservative, but South Africa might be on the verge of further changing that narrative.

First, South Africa was the fifth country — the first (and only, as of August 2017) in Africa, the first in the southern hemisphere, the first republic — and the second outside Europe to legalize same-sex marriage through its Civil Union Act of 2006. Now, it has taken a step towards legalizing the use of Marijuana.

ALSO READ: Synthetic Marijuana, Black Mamba: A new deadly form of marijuana is slowly wreaking havoc in Nigeria's cities

South Africa’s apex court unanimously upheld a ruling from a lower court and called banning of the drug, “unconstitutional and therefore invalid,” following in the steps of Lesotho and Zimbabwe which both legalized cannabis for medical use.

The right is however only available to adults — presumably over 18-years old — to also grow cannabis and use the drug in private — meaning their homes and never in public.

ALSO READ: Lagos is messing with my mental health

Underlining the decision, Deputy Chief Justice Raymond Zondo wrote in his judgment that, “It will not be a criminal offense for an adult person to use or be in possession of cannabis in private for his or her personal consumption.”

The South African government had previously rejected the legalization of, ‘dagga,’ Zulu name for cannabis, considering it harmful to health and mental health.

The Court has given the parliament 24 months to adopt the ruling and turn it into Law as well as determine the legal quantity. However, public consumption and trading of cannabis are still outlawed.

This is interesting and it comes after doctors confirmed that cannabis consumption kills cancer cells.</s>South Africa's highest court has legalised the use of cannabis by adults in private places.

Pro-marijuana activists cheered in the public gallery and chanted "Weed are free now" when the Constitutional Court gave its landmark ruling.

In a unanimous ruling, judges also legalised the growing of marijuana for private consumption.

South Africa's government's had opposed its legalisation, arguing the drug was "harmful" to people's the health.

Three cannabis users who had faced prosecution for using cannabis brought the case, saying the ban "intrudes unjustifiably into their private spheres".
• Africa Live: More on this and others from the continent
• Cannabis: What are the risks of recreational use?

In his judgement, Deputy Chief Justice Raymond Zondo said: "It will not be a criminal offence for an adult person to use or be in possession of cannabis in private for his or her personal consumption."

It will, however, remain illegal to use cannabis in public, and to sell and supply it.

The Cannabis Development Council of South Africa welcomed the ruling, and called on the government to drop charges against people found in possession of the drug.

Jeremy Acton, the leader of the Dagga Party, which campaigns for the use of cannabis, said the ruling should have gone further to legalise the carrying of marijuana in public.

Cannabis is referred to as "dagga" in South Africa.</s>South Africa’s top court unanimously legalized the private use of cannabis on Tuesday, upholding a lower court’s decision ruling that it was “unconstitutional and therefore invalid” to criminalize the drug, BBC reports.

The decision allows adults to consume cannabis in private and grow marijuana for private consumption.

“It will not be a criminal offense for an adult person to use or be in possession of cannabis in private for his or her personal consumption,” Deputy Chief Justice Raymond Zondo wrote in his judgment.

The court has given parliament 24 months to adopt the ruling, which is binding. Using cannabis in public, as well as selling and supplying it, is still illegal. Parliament will decide on the quantity of cannabis a person can grow or use in private.

The government had previously opposed legalizing marijuana, known as in South Africa, which it considered “harmful” to people’s health.

The ruling was welcomed by pro-marijuana activists and the Cannabis Development Council of South Africa, which appealed to the government to absolve people previously found in possession of cannabis, BBC reports.

Lesotho and Zimbabwe have legalized marijuana for medical use.</s>South Africa's top court ruled Tuesday that private, personal cannabis use is legal in a landmark case that has pitted officials against marijuana advocates and the judiciary.

Deputy Chief Justice Raymond Zondo, delivering the Johannesburg-based Constitutional Court's unanimous verdict, said the law banning marijuana use in private by adults "is unconstitutional and therefore invalid".

"It will not be a criminal offence for an adult person to use or be in possession of cannabis in private for his or her personal consumption," he said, reading the ruling to cheers from the public gallery.

The court also ordered parliament to draft new laws within 24 months to reflect the order.

A court in the Western Cape region had ruled in March 2017 that a ban on cannabis use by adults at home was unconstitutional, effectively decriminalising it in the province that includes Cape Town.

But the justice, police, health and trade ministers challenged that finding, arguing that there was "objective proof of the harmful effects of cannabis."

Tueday's ruling will not decriminalise the use of the drug in public nor the offences of supplying or dealing but cultivation for personal, private use will no longer be illegal for adults.

Previously, possessing, growing or using marijuana -- even in small quantities -- could technically lead to jail time, a fine and a criminal record.

Three cannabis users who had faced prosecution for using the drug argued in the Constitutional Court that the prohibition "intrudes unjustifiably into their private spheres".

Ahead of the ruling, activists clutching banners reading "Weed are free now" and Rastafari flags gathered outside the court in central Johannesburg.

Other boards read "Free the weed", and "Legalise weed, end economic depression #weedislife".

Some activists also called for cannabis to be decriminalised for use in public.

"It's not enough, we also have privacy in person, as we walk in a public space, therefore we should be allowed to carry cannabis in public," said Jeremy Acton, leader of the Dagga Party in South Africa which advocates for the rights of cannabis users.

Several of the roughly 100 activists sang struggle-era anti-apartheid songs.

Previous court hearings on the emotive issue have drawn protests by those opposed to legalising cannabis, as well as by those in favour of decriminalisation.

Use of cannabis and medicinal marijuana has gained popularity in some parts of the world to ease suffering from cancer, glaucoma, HIV and AIDS, and other serious conditions.

But opponents fear crime connected to drug abuse and users graduating to harder drugs.

The country's Medical Research Council has already launched trials to help guarantee quality, consistency and standards, according to local media.

A South African opposition lawmaker Mario Oriani-Ambrosini in 2014 submitted a draft law calling for the legalisation of marijuana but died soon after.

Globally, the legal status of cannabis varies widely. In Portugal, for example, possession and use is largely decriminalised, while users in Saudi Arabia face the death penalty.</s>South Africa's highest court on Tuesday allowed the private use of marijuana, upholding a lower court's ruling that found the criminalization of cannabis was unconstitutional.

JOHANNESBURG: South Africa's highest court on Tuesday allowed the private use of marijuana, upholding a lower court's ruling that found the criminalization of cannabis was unconstitutional.

Activists who include members of the Rastafarian movement and traditional healers greeted the ruling with loud applause. They have held marches over the years to demand that the law be changed to allow people to smoke 'weed', which is called 'dagga' in South Africa.

Several government departments, including the health and justice ministries, oppose its legalization and warn of harmful effects.

But in a unanimous judgment read by Deputy Chief Justice Raymond Zondo, the Constitutional Court decriminalized home consumption, saying "the use of cannabis must be for the personal consumption of the adult". The ruling also approved growing marijuana for personal consumption.

Rastafarian Garreth Prince and former Dagga Party leader Jeremy Acton brought the case asking the High Court to allow for the home use of marijuana.

Jules Stobbs and Myrtle Clarke‚ known as the "Dagga Couple", joined the case, and asked the court to strike down laws banning the use‚ cultivation and sale of marijuana.

He added that it would not be a criminal offence for an adult person to use or be in possession of cannabis in private for their personal consumption in private.

However, the judgement did not specify the amount that can be used by an adult in private use.

"This must be determined by parliament," he said.

Parliament is now expected to amend the laws that criminalize cannabis following the court ruling.

Activists had argued that the criminalization of dagga use and possession is a violation of the right to equality, dignity, and freedom of religion.

There was no immediate comment from the departments over the country's top court ruling on Tuesday.</s>South Africa’s Constitutional Court decriminalised the private use of marijuana on Tuesday.

The ruling came after a provincial high court in 2017 found out that the use of cannabis in private space should be allowed because laws against it were inconsistent with the country’s constitution.

The state appealed to the Constitutional Court, which upheld the high court’s findings.

“It will not be a criminal offence for an adult person to use or be in possession of cannabis in private space,’’ Judge Raymond Zondo said in handing down the judgement.

The judgement did not say how much cannabis one may have at home for private use.

Celebrations broke out in the court, which was packed with marijuana advocates and members of South Africa’s Rastafarian community.

“It’s been persecution and prosecution for the Rastafarian community,’’ one of those celebrating, Prince, told TV channel eNCA.</s>South Africa’s highest court has legalised the use cannabis and the growing of marijuana, known in Malawi as chamba, for adult private consumption.

Pro-marijuana activists cheered in the public gallery and chanted when the Constitutional Court gave its landmark ruling.

In his judgement, Deputy Chief Justice Raymond Zondo said: “It will not be a criminal offence for an adult person to use or be in possession of cannabis in private for his or her personal consumption.”

South Africa’s government’s had opposed its legalisation, arguing the drug was “harmful” to people’s the health.

 Three South African cannabis users who had faced prosecution for using cannabis brought the case, saying the ban “intrudes unjustifiably into their private spheres”.

South Africa joins Zimbabwe which in April became the second country in Africa, after Lesotho, to legalise the use of marijuana for medical use.

Meanwhile, the soft drink titan Coca-Cola says it has been eyeing cannabis-infused drinks (CBD). The company said Monday that it’s “closely watching” the use of cannabis in “functional wellness” beverages.

Noting the space for cannabidiol-based drinks is “evolving quickly,” for the company to consider manufacturing CBD.

“Along with many others in the beverage industry, we are closely watching the growth of non-psychoactive CBD as an ingredient in functional wellness beverages around the world,” Coca-Cola spokesman Kent Landers told Bloomberg News, saying the “The space for CBD is evolving quickly”.
South Africa legalizes the recreational use of cannabis.