Legalizing Marijuana in South Africa, What Employers/Employees Must Know - Gavin Stansfield

The Constitutional Court of South Africa handed down the Marijuana ruling that has been termed historical on the 18th of September 2018. Gavin Smith and Gavin Stansfield chat about some of the implications to watch out for in the workplace. The judgment deal with the constitutionality of the prohibition and criminalization of the use of cannabis by adult persons in their private dwellings. The Drugs and Drug Trafficking Act 140 of 1992 (Drugs Act) read together with the Medicines and Related Substances Control Act 101 of 1965 (Medicines Act), prohibits and criminalizes the use, possession, purchase, and cultivation of cannabis by any individual in South Africa. The relevant provisions of the legislation are:
1. Drug Act
•Section 4(b) and 5(b)
•Part III of Schedule 2
2. Medicines Act
•Section 22A(9)(a)(i)
•Schedule 7
The Cannabis judgment undoubtedly has implications for South African society.
Since the initial challenges launched by Prince (as far back as 2002 and 1998), there are now 33 countries (including Australia, Canada, Spain, and Switzerland) around the world that have decriminalized and legalized the use of cannabis. Attitudes towards cannabis have changed, and continue to change, in many countries. These were facts that the High Courts used in support of its ruling and this was mentioned by the Constitutional Court in the Cannabis judgment.
For certain religious groups and persons who make use of cannabis for medicinal reasons, the Cannabis judgment will be seen as a victory for various constitutional rights (including, the right to freedom of religion and the right to privacy).

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