In 2017, the Western Cape Division of the High Court ruled that prohibiting adults from privately consuming and cultivating cannabis was unconstitutional, thus stopping related proceedings. The Constitutional Court reiterated this ruling in 2018, enabling adults to use, possess, and grow cannabis for personal use in private. Parliament was tasked with developing particular laws, and the government was given 24 months to implement these reforms, which were finally finished with the passage of this Act.
The Constitutional Court’s decision and South Africa’s Cannabis for Private Purposes Bill, subsequently coming into effect, represent significant advancements in the country’s cannabis policy, balancing individual rights with public health and safety concerns, shaping the global cannabis scene.
Cannabis reform has seen a major transformation where recently South African president, Mr Cyril Ramaphosa approved the legalization of the cultivation and possession of the plant for personal use. Being the pioneer that it is, South Africa became the first African country to legalise the personal use of cannabis.
The president first signed into law the Cannabis for Private Purposes Act 7 of 2024, which is intended to regulate not only the possession, but the cultivation of cannabis by adult individuals in their own private residences. The Act will allow for targeted regulatory reform of, and the complete removal of cannabis from the Drugs and Drug Trafficking Act (140 of 1992), so as to allow for the industrialisation of cannabis. This will consequently allow for the amendments to the Schedules to the Medicines and Related Substances Act (101 of 1965). This new development allows for revision to the former act of parliament, The Plant Breeders Rights Act (15 of 1976) as well as the Plant Improvement Act (53 of 1976) in the effort to industrialise the cannabis business.
However, the sale of cannabis and the development of a legal market remains prohibited, in a way that the free distribution is still subject to regulatory restrictions.
Even with the prohibitions set by the legislature, the Act allows for anyone over the age of 18 to make use of the plant anywhere in the Republic, provided the general public does not have access to that place, thus the legalisation of cannabis for personal use points to a dramatic advancement in the Countries drug policy. As South Africa navigates the complexities of cannabis regulation, debates and discussions concerning various aspects of cannabis policy continue, such as industry licensing and regulation, public education on responsible cannabis use, and the inclusion of traditional cannabis practices into the legal framework.
At Xuba and Associates we have extensive knowledge in the legalities associated with businesses looking for legal assistance in such matters.
