Paradigm Shift from Criminalisation to Constitutional Legal Protection for the use of Cannabis in South Africa: Issues and Perspectives

Cannabis is one of the widely used psychoactive substances in the world. It is used for different reasons ranging from recreational, personal, religious, cultural, medical and social reasons. While some countries still criminalise the use of cannabis, others have decriminalised it. South Africa is one the countries that recently decriminalised it where the Court pronounced legal protection for the personal cultivation, possession and use of cannabis. Even though the Court has given legal protection for the use of cannabis, this paper posits that it was not a blanket protection as there are still some limitations imposed on the use, possession and cultivation of cannabis. In addition, trading of cannabis is still prohibited. The paper looks at the prohibitions imposed by the laws during and after colonial and apartheid regimes, and also looks at the benefits of cannabis in contrast to their negative effects. The Court allowed the cultivation and consumption of cannabis in a private setting but not in the public space. Over and above, in order to remove all restrictions, the paper proactively makes suggestions for the amendment of legislation governing the cultivation and use of cannabis.