Cape Town High Court Judgement on Use of Cannabis In Private Homes

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Cape Town High Court Judgement on Use of Cannabis In Private Homes

Cape Town High Court Judgement on Use of Cannabis In Private Homes


Some very exciting developments have taken place recently within South Africa, specifically related to the use of cannabis products. On the 31st of March 2017, the Western Cape High Court ruled that national legislature has 24 months to within which to change certain sections of the Drug Trafficking Act and the Medicines Control act, to allow for the legal use of cannabis and its derivatives within the privacy of your own home.

The South African Parliament is in the process of getting a copy of the judgement and will then study the contents there in. There is still a process to go, firstly if the two laws are found to be unconstitutional. Then the Constitutional Court will still need to confirm this judgement and only then can Parliament act, there is also a chance that the state will appeal the matter.

When all the litigation is completed, then the Constitutional Court must confirm the judgement and then Parliament is then required to fix the issues that have been found to be unconstitutional. There are a number of ways in which this can be done, we will explore some of them below.

  • Dealing with the defects in terms of the Medical Innovation Bill, currently before Parliament and first introduced by the late Member of Parliament, Mr Mario Oriami-Ambrosini as a Private Member’s Bill.
  • Parliament introducing a new bill
  • The Executive introducing a new bill

The High Court Judgment South Africa 2017-03-31

Our team at Medical Cannabis oils is very excited about this latest legal development. If you would like to know more about the legalisation process for cannabis or how to get your hands on medical grade product. Please do not hesitate to contact one of our skilled consultants today. We are here to help!

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