Decoding South Africa’s hazy cannabis laws
“There is currently no way to legally buy or sell any cannabis products for recreational use” - Durban lawyer Timothy Hunter.
A recent police raid on Umdloti’s cannabis stores highlighted widespread confusion around cannabis laws in South Africa.
It came to light that not only Joe Public but also growers, dealers, law enforcement officials and those within the criminal justice system all seem to have different views on and interpretations of current legislation around cannabis.
This has unwittingly landed some buyers, sellers and growers in hot water with the police.
To decode South Africa’s hazy cannabis legislation, the Courier spoke to Durban lawyer Timothy Hunter of Hunter and Co, who specialises in cannabis law.
Following a landmark Constitutional Court judgement on September 18, 2018 which ruled that South Africans could now legally consume cannabis in the privacy of their own homes, Cabinet embarked on developing a national strategy to commercialise the cannabis trade.
Enter the National Cannabis Master Plan, penned in July 2019 with timeframes for interventions and outcomes ranging between 2021 and 2024.
The 2018 decriminalisation of cannabis for private use gave consumers, dealers and small growers high hopes for a society in which they could freely buy, sell and grow the green gold.
But these reforms remain a pipe dream for now.
The Cannabis for Private Purposed Bill states that “even though private use of cannabis has been decriminalised, the buying and selling of cannabis, cannabis oil and cannabis seeds remains illegal”.
According to Hunter, there is currently no way to legally buy or sell any cannabis products for recreational use.
He said cannabis products (including edibles and oils) could only be bought and sold for medicinal purposes. This would require a prescription from a medical doctor and the cannabis would have to be dispensed by a pharmacy licensed under Section 21 to dispense unregistered medicines.
Hunter said the Cannabis Master Plan dealt with issues such as legal challenges, regulatory systems, seed supply, producer support systems and research and development. “The Cannabis for Private Purposes Bill is the only bill that has been drafted and submitted to government for promulgation so far. It has not yet been signed into law by President Cyril Ramaphosa but it should be in the next couple of months.
“One of the first steps in the Cannabis Master Plan was to sort out the recreational aspect. The plan is primarily focused on the commercialisation of cannabis and on that basis they [government] haven’t made any progress.”
A new bill related to the commercialisation of cannabis must still be drafted.
Once drafted, that bill would still need to be submitted for comment, meaning we are at best two years away from legalising the cannabis trade.
According to the Cannabis for Private Purposes Bill, selling cannabis products constitutes a Class A offence which, on conviction, carries a fine (the amount is not specified) or up to 15 years imprisonment, or both.
Penalties for other cannabis related offenses range from a fine and/or imprisonment, depending on the severity of the offense.
Once the Bill comes into effect, adults 18 years or older would likely be allowed to:
* Possess an unlimited amount of seeds and seedlings.
* Cultivate four flowering cannabis plants per adult or eight flowering cannabis plants per dwelling which is occupied by two or more adults, in a private place.
* Possess 100 grams of dried cannabis in a public place.
* Possess 600 grams of dried cannabis per adult or 1 200 grams of dried cannabis per dwelling which is occupied by two or more adults, in a private place.
* Possess one flowering plant in a public place.
* Provide to, or obtain from, another adult person without the exchange of payment 30 seeds or seedlings or any combination thereof, one flowering cannabis plant, or 100 grams of dried cannabis.
Currently an adult person may only smoke and consume cannabis in a private place but there is no legislation governing quantities.
Stay in the loop with The North Coast Courier on Facebook, X, Instagram & YouTube for the latest news.
Mobile users can join our WhatsApp Broadcast Service here or if you’re on desktop, scan the QR code below.
