Our team at Medical Cannabis Oil is very excited about the recent legal development in which the Western Cape High Court, made a landmark ruling in which they declared that its an infringement of a persons right to ban the use of dagga and its derivatives being used by adults in the privacy of their own homes.
The recent ruling of the High Court, now allows for the possession, cultivation and use of cannabis at home for private use. The court also ruled that Parliament has 24 months to make certain changes to sections of the Drug Trafficking Act as well as the Medicines Control Act.
Acton, Prince, and 18 plaintiffs applied to the court for the Criminal Prohibition of Dagga Act (sections 4b and 5c), read with certain sections of Part III of Schedule 2 of the Drugs and Drug Trafficking Act, to be declared unconstitutional.
Those sections make it a crime to possess a drug, unless it is for a variety of medical reasons. The Drugs and Trafficking Act defines what constitutes a drug.
They are also challenging the Medicines and Related Substances Act.
They submitted that the laws prohibiting dagga use are unfair, discriminatory, outdated, and applied disproportionately to black users.
The two have been helping people arrested for possession of cannabis by obtaining a stay of prosecution, pending the outcome of their application.
Prince was arrested for possession of dagga in 1989, while a law student at the University of the Western Cape.
He paid a R60 fine and thought that was the end of it. When he graduated and applied to the Cape Bar to be admitted as an attorney, he was rejected because of the dagga conviction, and because he refused to apologise for it.
To Prince, using dagga was a religious choice as a Rastafarian. He unsuccessfully brought an application to the Constitutional Court to have it decriminalised for religious purposes.
He became a community legal adviser, but was arrested again in 2012 for growing dagga in his garden in Kraaifontein.