CAPE TOWN - A Rastafarian lawyer who was denied an opportunity to practice law because he openly smoked dagga is again heading to court to take on the state.

Gareth Prince has previously gone to the Constitutional Court after the Cape Law Society refused to admit him due to his dagga possession convictions.

He's now one of 18 pro-marijuana activists, who are challenging the constitutionality of cannabis prohibition laws.

In 2002, Gareth Prince went to the Constitutional Court to have the court declare the Cape Law Society's decision unlawful.

He also wanted the court to declare a section of the Constitution that deals with dagga invalid, but his application was rejected.

Now, more than a decade later, he's hoping the Western Cape High Court will come to a different decision.

"There's different legal issues that are being raised in this particular matter which differs from the first time we went to court."

Prince said if the court cannot grant their application, he asked that it orders a suspension of the drugs laws for a year, until Parliament rectifies what he calls inconsistencies in the acts.

'REVERSING THE WAR ON DRUGS'

At the same time, government said decriminalising dagga would place a burden on its fight against reducing the drug trade and gangsterism.

In its response to a Constitution challenge of its drug laws, the state claims it is bound by international obligations to combat illegal substances.

The ministers of justice, police, trade and industry and the Director of Public Prosecutions have been named as respondents in the matter before the Western Cape High Court.

In responding papers, before the Western Cape High Court, government states the legalising of cannabis would create challenges for law enforcement agencies.

It said setting up precautionary measures against the abuse of the substance would be complicated.

In a supporting affidavit Johan Smit a police detective, who's been investigating the drug trade for 2 decades, said dagga is most commonly used with Mandrax.

In the process, Smit said this method of smoking dagga drives up the illicit trade of Mandrax which is particularly rife in the Western Cape.

He said if dagga was legalised, it would reverse the gains of the war on gangs who rely on the drug trade for income.