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The Dawn of Cannabis: The landmark decision of SA Constitutional Court

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South Africans celebrating the landmark decision of SA Constitutional Court
Dr Letshwiti B. Tutwane joytutwane@gmail.com Africa Awake! This past week, a full bench of the South African Constitutional Court (10 judges) unanimously agreed to legalise possession, use or cultivation of cannabis in private spaces such as the home. Judging from the reactions on social media a lot of people did not expect this. But to me three factors made it very likely. Given the cogent reasoning of the High Court in Western Cape in the cases before it which gave rise to the Con Court decision this was anticipated. The state of use of marijuana around the world is evolving very fast. In many jurisdictions possession and consumption of the substance in small quantities at personal level has been decriminalised. At least 33 countries have done so including in USA (some states), Canada, Australia (some states), Switzerland, Czech Republic, Austria, Portugal, Chile and so on. Some of these countries have also allowed cultivation and sale of cannabis for medicinal purposes. Even closer home South Africa and Zimbabwe have also made the same pronouncements. As I have argued previously here, comparative international law plays a critical role in this respect. Thirdly, a careful reading of the laws that criminalised usage of…

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