Introduction
South Africa has taken a groundbreaking step forward in cannabis reform, legalizing the cultivation and possession of the plant for personal use. With President Cyril Ramaphosa’s final approval, South Africa becomes the first African country to legalize cannabis for personal use, marking a significant milestone in the nation’s drug policy.
Historic Legislation
On May 28, President Ramaphosa signed the Cannabis for Private Purposes Act, removing cannabis from the Drugs and Drug Trafficking Act. This move enables amendments to various acts such as the Medicines and Related Substances Act, the Plant Breeders Rights Act, and the Plant Improvement Act to support the industrialization of the cannabis sector.
Regulations and Protections
The new legislation carefully regulates the medical administration of cannabis to children, protects them from undue exposure, and provides alternatives for addressing prohibited use and possession by minors. However, the sale of cannabis and the creation of a legal market remain prohibited.
Usage and Possession
The law regulates the possession, cultivation, and use of cannabis for personal purposes by adults while respecting privacy rights and protecting public health. Adults 18 years or older can use cannabis in any place where the public doesn’t have access by right. They may possess unlimited seeds and seedlings, up to four flowering cannabis plants per person or eight per household (if two or more adults live there) in a private place, up to 100 grams of dried cannabis in a public place, and up to 600 grams of dried cannabis per person or 1,200 grams per household in a private place.
Personal Use and Restrictions
Adults are allowed to smoke and consume cannabis in private places and gift, without remuneration, up to 30 seeds or seedlings, one flowering plant, or 100 grams of dried cannabis. However, various offenses are established for exceeding cultivation and possession limits, failing to ensure cannabis plants are inaccessible to children, or not complying with cultivation standards. Smoking or consuming cannabis in public places is prohibited but allowed in private spaces as long as it doesn’t endanger others, particularly minors. Penalties range from fines to imprisonment depending on the offense class and quantity of cannabis involved.
Political and Economic Implications
The bill, initially proposed in 2020, faced delays despite cannabis being identified by South Africa’s government as a priority sector for economic growth, as already demonstrated by the hemp sector and the medical cannabis industry. However, restricting recreational cannabis to personal use only will limit its economic potential. President Ramaphosa signed the bill into law on May 28, just before the start of what is expected to be a closely contested national election. The ruling African National Congress party is facing a significant challenge in maintaining its majority. Final election results are anticipated by Sunday, according to the independent electoral commission cited by the Associated Press.
Legal Precedents
The legalization of cannabis for personal use marks a significant advancement in South Africa’s drug policy. In 2017, the Western Cape High Court deemed it unconstitutional to prohibit adults from privately consuming and cultivating cannabis, halting related prosecutions. This decision was later affirmed by the Constitutional Court in 2018, allowing adults to use, possess, and grow cannabis for personal use privately. Parliament was therefore tasked with establishing specific regulations, with the government given 24 months to enact these changes, which were only finalized with the enactment of this legislation.
Global Context
South Africa is the latest country to change its cannabis policy, allowing possession and cultivation for personal use but not for sale. In Europe, similar regulatory formulas have been adopted by Malta, Belgium, and, more recently, Germany. Meanwhile, on the African continent, Morocco was the latest country to regulate cannabis for medical use in 2021.
Conclusion
South Africa’s decision to legalize cannabis for personal use is a landmark moment in the country’s approach to drug policy. While the law focuses on personal cultivation and use, it opens the door for future discussions on broader cannabis reform and economic opportunities in the cannabis sector.
