The Constitutional Court can learn from Canada’s Cannabis Act

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What are the definitions, of ‘privacy’ and ‘a private place’ — and what about the privacy of one’s car, ask Martha Smit and Roxanne Gilbert

We need parliament and the Court to assign the correct meaning and definitions to ensure the correct limitations and regulations are appliedIt has been more than a year since the Constitutional Court legalised the private cultivation, use and possession of cannabis by an adult for their own consumption.

The question then arises whether being in possession of and using cannabis in the privacy of your car falls within the definition of “in private” and “private use” as contemplated by the Court.

“Public” on the other hand is defined as “relating to or involving people in general, rather than being limited to a particular group of people”, and “in public” is defined as “in a place where people can see you”. This creates a second conundrum. People have their own interpretation of what the Court meant with these terms, which weren’t clearly defined. We are left with a situation where people interpret the judgment one way and the police may interpret it another way. This has the potential to lead to many charges and unnecessary use of police resources as well as the risk of cases of unlawful arrest being made against the police.

Adult Canadians can then purchase seeds and plants from authorised provincial and territorial retailers and online platforms. An individual can also only purchase up to 30g of cannabis flower, or an equivalent, in other formats and a maximum of four plants are permitted to be purchased at once.Breathalyser tests have traditionally been used to determine whether a person is driving under the influence of alcohol and whether their blood alcohol level are within the legal limit.

 

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Oh well, in that case, drunk driving is a discretionary act protected by the right to privacy. You narcophiles are the absolute worst. This article is stupid, and a bald-faced case of instrumental morality.

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