- Late on Tuesday President Cyril Ramaphosa signed the Cannabis for Private Purposes Bill into law.
- The Act gives South African adults the freedom to consume cannabis provided they observe a number of rules.
- The legislation also seeks to protect children from the harms of cannabis while also outlining how it can be used in a medical context.
On Tuesday while South Africans pondered where to place their X on election day, President Cyril Ramaphosa signed the Cannabis for Private Purposes Bill into law.
The bill now know as the Cannabis for Private Purposes Act (CfPPA) was introduced by the Minister of Justice and Correctional Services in September 2020. Since then the bill has been deliberated and commented on until a final version was passed to the National Council of Provinces in November 2023. In February, the National Council of Provinces sent the bill to the President’s desk and on 28th May, it was signed into law.
The law seeks to respect the right to privacy of an adult person to possess cannabis whether that be to cultivate or consume the plant. This will also allow government to regulate the substance and protect individuals from harm more thoroughly. Moreso, the bill also sought to expunge the criminal records of individuals convicted for possession or use of cannabis.
“The consequent regulatory reform enabled by the CfPPA will, amongst others, entirely remove cannabis from the Drugs and Drug Trafficking Act. This will further enable amendment of the Schedules to the Medicines and Related Substances Act and provide for targeted regulatory reform of the Plant Breeders Rights Act and the Plant Improvement Act, as well as other pieces of legislation that require amendment to allow for the industrialisation of the cannabis sector,” spokesperson to the president, Vincent Magwenya explained.
“The Bill further guides the medically prescribed administration of cannabis to a child while also protecting children from undue exposure to cannabis. It provides for an alternative manner by which to address the issue of the prohibited use, possession of, or dealing in, cannabis by children, with due regard to the best interest of the child. It also prohibit the dealing in cannabis,” Magwenya added.
The mention of dealing in cannabis is important as there are guidelines regarding the sale of cannabis. Contravening these guidelines, however, puts a seller in dealing territory.
We’re curious as to how the CfPPA will impact the many, many “grow clubs” that have sprung up in South Africa. These “clubs” charge customers a membership fee and in exchange members get cannabis to the value of the membership. This method used a legal loophole and we suspect it will continue to be used to get around the restrictions on sale the CfPPA puts in place.
This morning while browsing Takealot, we found cannabis vapes for sale through Taste of Cannabis.
“A blend of potent distillate and aromatic terpenes. This unique combination delivers an unforgettable flavor profile, harmonizing cannabinoids and terpenes for a smooth, satisfying experience,” reads the product description. Plus, if we order now we can get it by tomorrow.
While this act essentially makes cannabis legal, that is a loaded statement. For instance, consuming cannabis in public is still an offense. Similarly, smoking close to your neighbour’s open window is an offense and so is smoking with children around.
This legislation allows the use of cannabis by adults only and simply letting a child find your stash could land you in trouble. There are also rules about consuming cannabis with others who aren’t keen to partake around.
We’ve embedded the full legislation below for you to read through. Make sure you know what is and isn’t legal.
There is hope that making cannabis easier and safer to consume will help create jobs and stoke tourism. Let’s see if that happens.
