Dagga couple legalisation case postponed

The case of the Cape Town dagga couple at the Pretoria High Court who are challenging for the legislation,Picture: @DaggaCouple

The case of the Cape Town dagga couple at the Pretoria High Court who are challenging for the legislation and the banning of the use of cannabis in all forms has been postponed on Monday.

Dagga couple Julian Stobbs and Myrtle Clarke have approached the Pretoria high court in their bid for the legalisation of the cannabis.

The case has been postponed to Tuesday. The couple which advocates for the legalization of the cannabis reportedly have medical expects who will take the stand as witnesses.

Earlier this year the Western Cape High Court declared as invalid legislation banning the use of the cannabis by adults in the privacy of their own homes.

Parliament was given 24 months in which to change laws that were inconsistent with the constitutional right to privacy.

The couple’s fight for the legalisation of the plant was met by protesters outside the court who were holding cards in protest against the legalization of the plant. The protesters are saying the the use of dagga is harmful.


However the couple is adamant that the legalization of the cannabis is not harmful. In their website where they have a petition for the public to sign to have the herb legalized they wrote.

“The Dagga Couple (a phrase coined by the South African press) are preparing a case to apply for the opportunity to ask some very simple questions in the highest court in South Africa, The Constitutional Court. How come this benign, useful, non toxic, non lethal plant has lead to the persecution of so many people, in so many countries, for so long?,”

The couple also claims that they have been ill-treated by the police for the use of the cannabis even in their private home.

“In August 2010, we had a very heavy handed visit from the South African Police Service (SAPS) who, acting on a tip off, raided our property in search of a ‘drug lab’. What they found was a quiet middle aged couple in their pyjamas and a quantity of Cannabis Sativa (aka Dagga). We were arrested after a five hour ordeal in our kitchen, jailed, and because we had more than 115g of the substance, were charged with dealing in Dagga. We were subsequently granted bail and released,” Stobbs and Clarke on their website

The case resumes on Tuesday.

-TNA Reporter