Landmark cannabis case heads to Supreme Court

The Supreme Court of Mauritius is set to hear a landmark case filed by an 81-year-old citizen challenging the constitutionality of the Dangerous Drugs Act of 1840, reports the Mauritius Times. The plaintiff, who cultivates cannabis for personal medical use and may face up to 25 years in prison under the colonial-era law, argues that the legislation infringes upon his fundamental rights to liberty and personal autonomy. This case opens a critical discussion about the nature of fundamental rights in a democratic society, the role of judicial interpretation in drug policy, and whether severe penalties for personal use remain proportionate and just in a modern era. The question of whether private cannabis cultivation and use constitutes a fundamental right will be tested. In Mauritius, this is not recognised as a fundamental right. No statute prescribes private cannabis use as a fundamental right; only the Supreme Court can establish it through interpretation, as it did in the case of sodomy. By bringing cannabis into a regulated, legal framework, its role as a gateway exploited by traffickers will be reduced, but in a country where religion plays an important role, legislators may be reluctant to legalise the use of cannabis.