South Africa Legalizes Cannabis For Personal Use

South Africa has made a landmark decision to legalize the cultivation and possession of cannabis for personal use. With President Cyril Ramaphosa's approval, the country becomes the first in Africa to take this progressive step.

On May 28, President Ramaphosa signed the Cannabis for Private Purposes Act, which removes cannabis from the Drugs and Drug Trafficking Act. This legislation paves the way for amendments to the Medicines and Related Substances Act, the Plant Breeders Rights Act, and the Plant Improvement Act, thereby supporting the industrialization of the cannabis sector.

The bill also includes regulations for the medical administration of cannabis to children, protects them from undue exposure, and provides measures to address prohibited use and possession by minors, according to a press release from the President.

Despite these advancements, the sale of cannabis and the creation of a legal market remain prohibited. The new law regulates the possession, cultivation, and use of cannabis for personal purposes by adults while emphasizing privacy rights and public health, especially concerning children.

Adults aged 18 and older can use cannabis in private areas not accessible to the public. They may possess unlimited cannabis seeds and seedlings, up to four flowering plants per person or eight per household (with two or more adults), up to 100 grams of dried cannabis in public, and up to 600 grams per person or 1,200 grams per household in private spaces.

The law allows adults to smoke and consume cannabis in private places and to gift, without payment, up to 30 seeds or seedlings, one flowering plant, or 100 grams of dried cannabis. However, it establishes penalties for exceeding cultivation and possession limits, failing to secure cannabis from children, or not adhering to cultivation standards. Smoking or consuming cannabis in public places is prohibited unless it is a private space where it does not endanger others, particularly minors. Offenses can result in fines or imprisonment, depending on the severity and amount of cannabis involved.

Initially proposed in 2020, the bill faced delays despite the government's recognition of cannabis as a priority sector for economic growth, as seen in the hemp and medical cannabis industries. However, limiting recreational cannabis to personal use may restrict its full economic potential.

The timing of this legislation is notable, as it was signed into law just before a closely contested national election. The ruling African National Congress faces a significant challenge in maintaining its majority, with final results expected soon, according to the independent electoral commission.

The legalization of cannabis for personal use marks a major shift in South Africa's drug policy. In 2017, the Western Cape High Court ruled it unconstitutional to prohibit adults from privately consuming and cultivating cannabis, halting related prosecutions. This decision was affirmed by the Constitutional Court in 2018, allowing adults to use, possess, and grow cannabis for personal use privately. Parliament was given 24 months to establish specific regulations, which culminated in this new legislation.

South Africa joins other countries that have reformed their cannabis policies, allowing personal use but not sale. Similar models have been adopted by Malta, Belgium, and Germany in Europe. In Africa, Morocco regulated cannabis for medical use in 2021.