Constitutionality of the Use of Marijuana and Freedom of Religion

Constitutionality of the use of marijuana and freedom of religion

History on the use of marijuana in South Africa

Before marijuana also known as dagga (cannabis sativa) was made illegal in South Africa in 1928, it had been an ingredient for a number of old remedies to alleviate high blood pressure, treat open wounds and even poisonous bites. The plant originates in central Asia but is thought to have been brought to South Africa by Indian and Islamic traders along the ancient sea trade routes. Before the arrival of the Dutch and British Empires, marijuana was one of the many traditional smokes used by Africans. Marijuana was outlawed to allow the ruling white elite to profit from tobacco and to enable the Apartheid State to financially dis-empower and disrupt the culture of indigenous people. Along with other Apartheid laws such as the Group Areas Act, the criminalization of Dagga provided opportunities for the authorities to harass and arrest indigenous peoples of South Africa. Cannabis use as a treatment for a variety of illnesses helped it spread from ancient Asia throughout the world. It was depicted as a treatment for pain, seizures, muscle spasm, poor appetite, nausea, insomnia, asthma and depression. The many uses of the cannabis plant have a long history, beginning in 8000 BC. People used the seeds and their oils in various foods, developing nutritious recipes that remain popular today.

Legalising Medicinal Marijuana

There are various views on legalising marijuana in South African. Some people are of the opinion that legalising marijuana will medically benefit many cancer patients, it could be an additional source of tax revenues, the police and court systems would be freed up for more serious crimes and drug dealers would lose most or all of their business, whilst others believe that marijuana is harmful.

Inkatha Freedom Party MP Mario Oriani-Ambrosini made an impassioned plea to President Jacob Zuma and his government to decriminalise the...