Children in possession of, or those who use dagga, will be subject to the intervention of the country’s social services.

This is the ruling handed down by the Constitutional Court.

It found that sections of the Drugs Act that criminalise children for using cannabis are unlawful.

The Apex Court’s ruling backs up an earlier decision by the Gauteng High Court that found that exposing children to the criminal justice system for dagga-related offences has a disproportionally negative effect on them.

This includes exposing them to dangerous drugs, dropping out from school, and being slapped with a criminal record that will damage their future employment prospects.

The ruling does not deal with the criminal law’s response to adults who might use children to hide or sell dagga for criminal purposes.