Going up in smoke? State appeals use of dagga ruling

The State, through various ministries and the National Prosecuting Authority, is appealing the ruling which allows the use of marijuana at home on various grounds.

FILE: Marijuana. Picture: EWN.

CAPE TOWN - The State is appealing against a ruling allowing the possession, cultivation and use of marijuana in private homes.

The Western Cape High Court last month also ruled that some provisions in the Drugs and Drug Trafficking Act, as well as the Medicines and Related Substances Control Act, were inconsistent with the Constitution.

The ruling has yet to be confirmed by the Constitutional Court.

The State, through various ministries and the National Prosecuting Authority, is appealing the ruling on various grounds.

In court papers, it claims the High Court concentrated on the right to privacy only, despite the right not being pertinently raised by Rastafarian lawyer Gareth Prince and other respondents.

The appeal also states the court was wrong to reject evidence presented by the State, particularly the evidence of a pharmacist who holds five science degrees.

The documents also highlight that by invoking the right to privacy, the High Court failed to have regard for the effect of cannabis on users and society.