On 18 September 2018 the Constitutional Court handed down judgement which declared legislation criminalising the use, possession, purchase and cultivation of cannabis unconstitutional.

According to the judgement, the following summarises that which is allowed and that which is not allowed:

What is allowed:

  • An adult may utilise cannabis in private;
  • An adult to may possess cannabis for personal consumption in private;
  • An adult may cultivate cannabis in a private place for his/her personal consumption in

 What is not allowed:

  • A child may not use/possess cannabis under any circumstances;
  • An adult may not use cannabis in public;
  • An adult may not cultivate cannabis for another person’s consumption, for remuneration or not;
  • An adult may not buy or sell cannabis, including medicinal products (oils, tablets etc)

The impact of the Judgement will have far-reaching consequences for employees and businesses alike. What is therefore required is for employers to update policies and procedures to ensure that they are in a position to deal with the ramifications of the judgement and ensure a safe working environment for its employees, visitors and contractors.

In order to ensure that your company is in a position to ensure it is protected, contact Tracey Mouton at Goldberg & de Villiers Inc. on 041 501 9818 (email to conduct an HR audit on your policies, make amendments and educate your employees accordingly.



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