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A court in Western Cape had ruled in March 2017 that a ban on cannabis use by adults at home was unconstitutional, a move that effectively decriminalised it in the province, which includes Cape Town.

Jules Stobbs and Myrtle Clarke, known as the "Dagga Couple", joined the case, and asked the court to strike down laws banning the use, cultivation and sale of marijuana.

Speaking to Talk Radio 702's Xolani Gwala, associate professor of Law at Wits University James Grant says the court did not define what private use was. Government authorities have said cannabis is harmful and should be illegal.

These are all popular misconceptions and people should inform themselves with the truth.

It has declared them invalid.

The state appealed to the Constitutional Court, which upheld the high court's findings.

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The Constitutional Court of South Africa, the country's highest court, on Tuesday morning ruled that the personal use of cannabis is not a criminal offence.

It is possible that the ruling, by allowing users to grow their own marijuana at home, could undermine the stranglehold of powerful drug gangs that blight so many communities.

It suspended its order of invalidity for a period of 24 months to give Parliament an opportunity to correct the constitutional defects in the two acts.

A South African marijuana strain called Durban Poison has been rated among the "20 greatest marijuana strains of all times", by the U.S. cannabis publication High Times.

The order does not extend to use and possession of cannabis by a child, or by an adult in public.

South Africa's Constitutional Court has moved to legalise the growing and smoking of marijuana in the privacy of one's home.


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