By, Katherine Pretorius
On the brink of national and provincial elections, President Cyril Ramaphosa signed the Cannabis for Private Purposes Bill into law. This significant legislative move, made just hours before South Africans headed to the polls, marks a pivotal moment in our country’s regulatory landscape concerning cannabis use.
The new Act permits adults to possess, use, and cultivate cannabis in a private setting while still prohibiting the commercial trade of the plant. This regulation is seen as a milestone, paving the way for future amendments to laws that will eventually support the industrialisation of cannabis.
The presidency issued a statement emphasising that the Act also covers the medically prescribed use of cannabis for minors while safeguarding children from undue exposure. Although personal use and cultivation are now legal, the Act maintains strict regulations on the amount one can grow, possess, and transport. This structured approach is part of the state’s broader plan to develop a legal framework under the national cannabis master plan.
The journey to this legislation began in 2018 when the Constitutional Court declared the laws prohibiting cannabis unconstitutional and demanded new regulations within two years. However, the legislative process only gained momentum in 2021 and faced numerous delays, pushing its completion to this crucial electoral period.
This new law removes cannabis from the Drugs and Drug Trafficking Act (DDTA), a significant regulatory reform. Before the amendment, the DDTA strictly prohibited the use or possession of any cannabis plant or its products. The reformation of this Act is a response to the 2018 Constitutional Court ruling, aligning South African law with the court’s decision to decriminalise private cannabis use.
Alongside this change, the Medicines and Related Substances Act schedules have also been adjusted. Previously, cannabis products faced stringent classifications and controls. Now, cannabidiol (CBD) products with a daily dose under 20mg and natural CBD levels up to 0.0075% are classified as unregulated Schedule 0. Tetrahydrocannabinol (THC), except for private adult use, remains a Schedule 6 substance, aligning it with other controlled substances like morphine and heroin.
The newly enacted law also targets the industrial growth of the cannabis sector. By facilitating reforms in regulatory frameworks such as the Plant Breeders’ Rights Act and the Plant Improvement Act, the government aims to integrate small growers into formal cannabis value chains, addressing licensing, technical support, and financial aid. The National Cannabis Master Plan, unveiled in 2021, projects that a formalised cannabis industry could significantly boost the South African economy, potentially generating over 130,000 jobs and formalising an underground market worth an estimated R28 billion.
In addition to economic benefits, the Act also includes provisions for protecting children. It ensures that the medically prescribed use of cannabis for minors is strictly regulated and provides alternative measures to address illegal cannabis use or possession by children, focusing on their best interests.
President Ramaphosa’s signing of the Cannabis for Private Purposes Bill, alongside other significant legislations such as the National Health Insurance Bill and the Gender-Based Violence and Femicide Bill, underscores a legislative push ahead of what is expected to be a highly contested election. This move marks a progressive shift in South Africa’s drug policy and signals the government’s commitment to reform and economic development.
For more concise information, download the Cannabis for Private Purposes Bill here: https://qure.co.za/wp-content/uploads/B19B-2020Cannabis_for_Private_Purposes.pdf