The need for decriminalization of the use of cannabis : a comparative legal study
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Authors
Singh, Vishik Anil
Issue Date
2019-09-04
Type
Dissertation
Language
en
Keywords
Cannabis , Dagga , Marijuana , South African Revised Cannabis Legislation , Minister of Justice and Constitutional Development and Others v Prince , Legalisation of cannabis in South Africa , Cannabis law amendments , Private use of cannabis , Constitutional right to privacy , Limitations on privacy
Alternative Title
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.