In the 2017, in the case of Prince v Minister of Justice, the authority of the state to restrict what people eat, drink or smoke in their own homes was challenged on the grounds that it is an unjustifiable invasion of an individual’s right to privacy, dignity and freedom. The Western Cape High Court held that the use of criminal law to punish private use of marijuana was not justified.

The court ruled that the relevant sections in the legislation referred to above were unconstitutional to the extent that they prohibit the possession, purchase or cultivation of cannabis in a person’s home for personal consumption by an adult.

The Prince decision has been appealed and should be heard by the Constitutional Court some time in 2018. Up until the Constitutional Court has ruled on the matter the possession of marijuana, in the writer’s view, remains a criminal offence. Another equally important case has come to be known as the Trial of the Plant (google the term).

This case involves a challenge to the constitutionality of criminalising marijuana. The Future Given the international trend towards both lawful medical and
lawful recreational uses of marijuana, it is arguable that widespread commercial farming of the crop in KwaZulu Natal is a possibility at some point.