Breaking Chains: The Intersection of Cannabis Decriminalisation and Social Justice
By Trevor Botha
The decriminalisation of cannabis in South Africa marks a critical turning point, not just in drug policy but in the broader quest for social justice. For decades, cannabis laws disproportionately deepened existing inequalities and perpetuated cycles of poverty and incarceration. While decriminalisation signals progress, its impact on social justice depends mainly on how the change is implemented and who benefits from it. Understanding this intersection is key to shaping an equitable future where cannabis policies help repair historical harms instead of reinforcing them.
Historical Context: Cannabis Laws and Social Inequality
The story of cannabis criminalisation in South Africa cannot be separated from its socio-political history. During apartheid, drug laws—particularly those regulating cannabis or dagga—were often weaponised to control black South Africans, reinforcing racial segregation and systemic oppression.
These discriminatory enforcement practices contributed to overcrowded prisons, broken families, and limited economic opportunities for many. The stigma attached to cannabis users further entrenched social exclusion, creating barriers that persist even after political reforms.
What Decriminalisation Means in South Africa
In 2018, South Africa’s Constitutional Court ruled that the private use, possession, and cultivation of cannabis by adults for personal consumption are no longer criminal offences. This ruling decriminalised cannabis in private spaces but did not legalise commercial sales or public consumption.
This landmark decision was celebrated by advocates as a step toward restoring personal freedoms and reducing unjust incarcerations. However, decriminalisation alone does not erase the legacy of prohibition—thousands remain imprisoned for cannabis offences committed under previous laws, and the legal market is still out of reach for many small-scale growers and users.
Social Justice Challenges After Decriminalisation
Decriminalisation’s promise is tied to social justice only if it actively addresses the inequalities cannabis laws created. Unfortunately, without deliberate policies, several challenges persist:
- Mass incarceration: Many people convicted of cannabis-related offences remain incarcerated. Mechanisms for early release or pardons are often slow or non-existent, leaving individuals behind bars for acts no longer considered crimes.
- Economic exclusion: The legal cannabis industry tends to favour well-resourced entrepreneurs, often sidelining small-scale farmers, traditional growers, and marginalised communities that bore the brunt of prohibition.
- Criminal records: Past convictions continue to affect individuals’ access to jobs, housing, and social services, limiting their ability to reintegrate and succeed.
- Unequal enforcement: Despite decriminalisation, law enforcement practices in public spaces sometimes still disproportionately target black or poor individuals, perpetuating harassment and social stigma.
Addressing These Issues: Pathways to Equity
To transform cannabis decriminalisation into genuine social justice, South Africa needs a comprehensive approach that tackles both the remnants of prohibition and the structural inequalities underlying the drug laws.
- Expungement and Release
One of the most urgent priorities is to clear criminal records related to cannabis offences now legal under current laws. This includes automatic expungement programs and proactive release of non-violent offenders still imprisoned for minor cannabis crimes. Efforts like these not only restore freedom but help individuals reclaim opportunities.
- Social Equity in Licensing
The emerging legal cannabis market offers economic potential, but only if historically marginalised groups have meaningful access. Social equity licensing programs should prioritise small farmers, women, youth, and communities disproportionately harmed by prohibition, providing financial support, training, and simplified application processes.
- Community Reinvestment
Revenue generated from cannabis taxation can fund programs targeting affected communities. Investments in education, healthcare, housing, and entrepreneurship help address the broader social impacts of the drug war.
- Public Education and Harm Reduction
Changing laws isn’t enough without shifting public attitudes. Education campaigns that reduce stigma provide accurate information and promote responsible use support social inclusion and public health.
- Police and Judicial Reform
Ensuring fair and consistent enforcement of new cannabis laws requires training and accountability within law enforcement and the judiciary, with mechanisms to prevent discriminatory practices.
Global Perspectives on Cannabis and Social Justice
South Africa’s challenges reflect broader trends seen worldwide. Countries like the United States, Canada, and Uruguay have grappled with balancing cannabis legalisation with social equity.
In the U.S., states such as California and Illinois have enacted social equity programs to support communities devastated by decades of prohibition. These initiatives include priority licensing, business grants, and record expungement. Despite successes, barriers like bureaucratic complexity and limited funding remain.
Canada’s legalisation included efforts to engage Indigenous communities and provide economic opportunities to those historically excluded. Yet, challenges persist in achieving true inclusion in a market dominated by large corporations.
Uruguay’s model prioritises public health and social justice, aiming to prevent the emergence of illicit markets while protecting vulnerable populations.
These experiences underline that legalisation or decriminalisation alone does not guarantee social justice; intentional policies and sustained commitment are necessary.
Cannabis, Social Justice, and Broader Reform
The fight for cannabis social justice is intertwined with wider calls for criminal justice reform, economic transformation, and racial equity. Cannabis prohibition has been one of many mechanisms sustaining inequality, and its dismantling can catalyse change across multiple sectors.
Addressing cannabis social justice means addressing poverty, education disparities, employment barriers, and systemic discrimination. Cannabis policy reform, when integrated with these broader initiatives, can contribute to healing historic wounds and fostering inclusive growth.
Voices from the Ground: Activism and Advocacy
In South Africa, grassroots movements, activists, and community organisations are at the forefront of linking cannabis reform to social justice. Groups such as Fields of Green for ALL and The Dagga Couple have highlighted the disproportionate harms caused by prohibition and the need for equitable policies.
Youth activists are particularly vocal about ensuring that legalisation benefits extend beyond commercial interests to empower communities marginalised by drug laws. Their efforts emphasise representation, reparations, and inclusion as essential reform components.
Moving Forward: Building a Just Cannabis Future
Breaking the chains of prohibition requires more than changing laws. It demands confronting the social and economic inequalities entrenched by decades of criminalisation. South Africa’s cannabis journey offers a chance to lead by example—crafting policies that prioritise fairness, repair harm, and build opportunity.
With collaboration between government, civil society, and affected communities, cannabis decriminalisation can become a powerful tool for social transformation, restoring dignity and hope to those who have borne the greatest burden.
