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 the 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 first establ ...
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 that is widely accepted as being indigenous to and originating from the continent of Asia. However, the number of species is disputed, with as many as three species be ...
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
*
Cannabis in South Africa
Cannabis in South Africa is an indigenous plant with a rich historical, social, and cultural significance for various communities. South Africa’s cannabis policy evolution has been marked by significant shifts, particularly following decriminali ...
*
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 of a controlled substance, possession and Drug dealer, dealing in the subs ...
*
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. Thes ...
/
Legalization of illegal drugs
Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug releg ...
*
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
{{SouthAfrica-law-stub