Minister of Justice and Constitutional Development v Prince

{{Short description|South African legal case}}

{{Use dmy dates|date=April 2022}}

{{Infobox court case

| name = Minister of Justice and Constitutional Development and Others v Prince

| court = Constitutional Court of South Africa

| full name = Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others

| date decided = 18 September 2018

| citations = {{cite SAFLII |court=ZACC |year=2018 |num=30}}

| judges = Zondo ACJ, Cameron J, Froneman J, Jafta J, Kathree-Setiloane AJ, Kollapen AJ, Madlanga J, Mhlantla J, Theron J, Zondi AJ

| number of judges = 10

| decision by = Zondo (unanimous)

| prior actions = Prince v Minister of Justice and Constitutional Development, {{cite SAFLII |court=ZAWCHC |year=2017 |num=30}}

| appealed from = Western Cape Division of the High Court

| subsequent actions =

| related actions =

| opinions =

| keywords =

| italic title = yes

}}

Minister of Justice and Constitutional Development v Prince{{Cite SAFLII |year=2018 |court=ZACC |num=30}} is a decision of the Constitutional Court of South Africa delivered on 18 September 2018, which found that it is unconstitutional for the state to criminalize the possession, use or cultivation of cannabis by adults for personal consumption in private.{{Cite web |last=Howell |first=Simon |last2=Clarke |first2=K. Myrtle |last3=Clemence |first3=Rusenga |last4=Klantschnig |first4=Gernot |last5=Carrier |first5=Niel |date=2024 |title=South African Cannabis Policy: policy reform must balance public health, economic interests, and social justice (PolicyBristol, Policy Briefing 152) |url=https://www.bristol.ac.uk/media-library/sites/policybristol/briefings-and-reports-pdfs/2024/Briefing%20152%20South%20Africa.pdf |website=University of Bristol, University of Cape Town, Fields of Green for ALL.}}

The court gave Parliament 24 months to amend the affected legislation, but also granted interim relief which had the effect of immediately making it legal for adults to use cannabis in private, possess cannabis in private for personal use, and cultivate cannabis in a private place for personal consumption.{{cite news |first=Pierre |last=de Vos |authorlink=Pierre de Vos |date=18 September 2018 |title=ConCourt Cannabis Judgment: What was the reasoning and what does it mean? |url=https://www.dailymaverick.co.za/opinionista/2018-09-18-concourt-cannabis-judgment-what-was-the-reasoning-and-what-does-it-mean/ |publisher=Daily Maverick |accessdate=21 September 2018}}

The Cannabis for Private Purposes Bill, approved in 2024, was the result from that process.{{Cite web |last=Henning |first=Charl |date=2024-05-29 |title=The CORRECT Version Of The Cannabis For Private Purposes Bill (Now Signed) |url=https://fieldsofgreenforall.org.za/the-correct-version-of-the-cannabis-for-private-purposes-bill-now-signed/ |access-date=2024-07-31 |website=Fields of Green for ALL |language=en-GB}}