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ARTICLE · 14 OCTOBER 2019

Weeding Out The Old

An influx in the sale of cannabis products in South Africa has caused much confusion among consumers. We have seen cannabis beverages, oils, soaps, creams and even foods infused with cannabidiol (CBD)

South AfricaIntellectual Property

An influx in the sale of cannabis products in South Africa has caused much confusion among consumers. We have seen cannabis beverages, oils, soaps, creams and even foods infused with cannabidiol (CBD) oils. There have also been numerous exhibitions and festivals across the country demonstrating the health benefits of such goods. As you are no doubt aware, the Constitutional Court (CC) in the judgment of Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others [2018] ZACC 30, held that certain provisions of the Drugs and Drug Trafficking Act and the Medicines and Related Substances Act are unconstitutional based on one's right to privacy, the result being that the use, possession or cultivation of cannabis in private for personal consumption was decriminalised. It has been stressed that only the private use of cannabis is

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