The High and Low of Cannabis

The High and Low of Cannabis

On 18 September 2018, the Constitutional Court unanimously confirmed the Cape High Court judgment that personal use of cannabis is not a criminal offence.

Cannabis

One may consume it at places other than one’s house, as long as it is in private and not in public.

The Court found that the criminalisation of cannabis was characterised by racism and that many indigenous South Africans used cannabis.

For many, the judgment is welcomed, as it makes little sense to allow the use and possession of alcohol and tobacco, only to criminalise cannabis. For certain religious groups and persons who make use of cannabis for medicinal reasons, the judgment is seen not only as a victory for various constitutional rights – such as rights to freedom of religion and privacy – but also as recognition of their heritage.

The Court has provided Parliament two years to make the necessary amendments to the Acts. Until the uncertainties surrounding enforcement and policing are clarified, one can:

  • Possess cannabis at home
  • Consume cannabis at home
  • Grow cannabis at home

Members are cautioned that one may NOT:

  • Consume cannabis in public
  • Distribute or sell cannabis
  • Allow minors to consume cannabis

For employers, it is crucial that clear guidelines and rules are set in the workplace to avoid employees using this judgment to justify the use, possession or cultivation of cannabis in the workplace.

Did you know?

The non-potent part of the plant – the stem – is used to manufacture paper, hemp rope, string, textiles and clothing.

Need more information?

If you would more information on this topic, please speak to one of our legal advisers by emailing info@legalandtax.co.za or calling 0860 587 587.

Or find more information on our legal plans.

Recommended articles
Main Feature Image September 2025

LEGAL&YOU SEPTEMBER 2025

During September we celebrate Heritage Month & the rich cultures, stories, and traditions that shape South Africa. But heritage is not only about where we come from. It’s about the legacy we’re building today — through the choices we make for our rights, our families, our health, and our future.
Article
My AI Lawyer Feature Image September 2025

Heritage Isn’t Just Culture

From family land to customary marriages, your heritage carries hidden legal battles. Here’s how to defend it. Heritage Day is about more than tradition — it’s about protecting your legacy, family rights, and culture from hidden legal risks.
Article
Funeral Feature Image September 2025

Funeral Cover: A Simple Legacy of Care

More than half of South Africans don't have funeral cover, leaving their families scrambling to meet the high and immediate costs of a funeral.
Article
View our other information hubs