The need for decriminalization of the use of cannabis : a comparative legal study

Abstract

The research determined if constitutional justification existed for the decriminalisation of the use of cannabis for medical and recreational purposes. Various constitutional values were employed when deciding on the limits of decriminalisation of the use of cannabis. The right to freedom, the right to privacy, dignity and equity were the constitutional rights used by the applicants in the Prince cases to justify the decriminalisation of cannabis use in South Africa. The study provides an in-depth look at the decisions and evidence used in the South African Prince case. The study further provides a comprehensive review of literature, including foreign law. The focus of the study was to identify if the use of cannabis for medical use or recreational use is constitutionally justified in South Africa. The Prince case proved that the limitations placed on the right to privacy were unjustified and the state failed to prove otherwise.