Thoughts on the Decriminalisation of the Use or Possession of Cannabis Within Private Settings – Minister of Justice and Constitutional Development v Prince 2019 (1) SACR 14 (CC)

The use or possession of drugs has been a phenomenon since time immemorial. In South Africa, the essential offences pertaining to are provided for in Drugs and Drug Trafficking Act 140 1992 (the Act). two most important crimes “dealing drugs” “use drugs”. divides into three general categories – namely, dependence-producing substances; dangerous undesirable substances. specific resorting each these listed Schedule 2 Act. punishment prescribed possession, dealing substances is harsher than that It interesting, topical purposes current discussion, cannabis dagga classified terms as an substance.The case under discussion (Minister Justice Constitutional Development v Prince 2019 (1) SACR 14 (CC)) particular importance within private settings was addressed from constitutional perspective and, more pertinently, on question constitutionality criminalisation thereof. Upon first glance, it seems though issues this correspond with disputes earlier President, Cape Law Society (2002 (2) SA 794 (CC) (Prince (2)). As indicated contribution, judgments distinct differ many instances.A critical analysis decision reveals although has, by virtue case, decriminalised against backdrop, also opens door debate various substantive procedural issues.