Parliament and High Court Judgment on Use of Cannabis In Private Homes

Apr 01, 2017

Friday, 31 March 2017 – Parliament notes reports of the judgment today by the Western Cape High Court about the use of cannabis in private homes and that the national legislature has 24 months within which to change sections of the Drug Trafficking Act and the Medicines Control Act.

Parliament is in the process of obtaining the judgment to study exactly what it says.

If the two laws mentioned have been found to be unconstitutional, then the Constitutional Court would have to confirm the judgment before Parliament can act. The state could also appeal the judgment.

Once litigation is finalised, the Constitutional Court confirms the judgment and Parliament is still required to rectify the defects identified in the laws there are several options for doing so, including:

  • 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


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