South Africa Legalises Cannabis for Personal Use

In a significant shift in South Africa’s drug laws, President Cyril Ramaphosa has signed the Cannabis for Private Purposes Act, legalising the cultivation and possession of cannabis for personal use. This groundbreaking legislation makes South Africa the first African nation to legalise marijuana, a move that came just before the May 27 general elections, where the ruling African National Congress (ANC) lost its majority for the first time in 30 years.

The new law removes cannabis from the list of banned narcotics, allowing adults to grow and consume the plant in private, though not in the presence of children. The bill also stipulates the expungement of criminal records for past cannabis-related offences, though the implementation details and the release of the 3,000 people currently imprisoned for such offences remain unclear.

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Key Provisions of the Legislation

• Personal Use Adults aged 18 and older can grow up to four cannabis plants per person or eight per household. They can possess up to 100 grams of dried cannabis in public and up to 600 grams per person or 1,200 grams per household in private.
• Private Consumption Cannabis can be smoked or consumed in private spaces, provided it does not endanger others, particularly minors.
• Gift without Profit Adults can gift up to 30 seeds or seedlings, one flowering plant, or 100 grams of dried cannabis without remuneration.
• Medical Use Cannabis remains illegal to sell unless prescribed for medicinal purposes by a doctor.

Challenges and Future Steps

Despite the legislation, the sale of cannabis and the creation of a legal market remain prohibited, which means casual smokers must grow their own. This restriction has led to a thriving grey market. Activists argue that the new law does not address the concerns of traditional farmers and Rastafarian communities, who have cultivated cannabis for decades and now find themselves in a precarious legal position.

Trenton Birch, CEO of Cheeba Africa Cannabis Academy, and Dinake Nongo Motona, deputy national chairperson of the African Farmers’ Association of South Africa’s cannabis chamber, emphasised the need for further legislation to support traditional farmers and clarify regulations around cultivation and distribution.

Economic and Industrial Potential

The legalisation marks a step towards the industrialisation of the cannabis sector. The government has already issued 800 permits for hemp cultivation, signalling readiness to scale up production. Garth Strachan, a project manager in the presidency, highlights the need for comprehensive legislation to create a regulated adult-use market and address socio-economic disparities.

Political Implications

The timing of the bill’s signing, just before a closely contested national election, reflects the current political landscape. The ANC, facing significant challenges, must now form a coalition government after failing to secure a majority.

Historical Context

This legislative change follows a 2018 Constitutional Court ruling that deemed the prohibition of private cannabis use unconstitutional. The court mandated the government to draft legalization legislation, which culminated in the Cannabis for Private Purposes Act.

Conclusion

South Africa’s legalization of cannabis for personal use marks a milestone in the country’s drug policy and presents significant opportunities and challenges. As the country navigates this new legal landscape, the focus will be on ensuring that traditional farmers benefit from the new law and that the sector’s economic potential is fully realized.