It should not be illegal for South African children to smoke weed – Child Law

The Centre for Child Law has approached the High Court in Johannesburg to decriminalise the use of cannabis by children, according to a report by the Sunday Times.

The report added that the Centre did not suggest children should “grow and smoke” weed, but that it must not be criminalised. The minister for justice, Ronald Lamola, must now provide the government’s view on the application.

The Centre went on to state that the courts must also decide whether it is legal for “diversion programmes” – where minors are sent for rehabilitation – should have the power to order forced participation.

Legal to smoke weed

In September 2018, the Constitutional Court handed down its judgement on the private use of marijuana in South Africa.

Deputy Chief Justice Raymond Zondo upheld an earlier high court judgment, which decriminalised the use of dagga at home.

This followed the Western Cape High Court ruling in March 2017 that it was an infringement to ban the use of dagga by adults in private homes.

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It should not be illegal for South African children to smoke weed – Child Law