In South Africa, cannabis legalization is still finding its place

More than a year after the partial legalization of cannabis, with the adoption of the Cannabis for Private Purposes Act in May 2024, South Africa groping ahead. Although the country has become the first on the continent to authorize personal consumption, the legal vagueness surrounding the sale, production and medical use of the drug continues to create confusion.

Between economic promises, medical hopes and health fears, the debate remains lively.

Authorized private use« but incomplete supervision

Since 2024, South African law has authorized adults to growing and consuming cannabis in a private space, for personal use only. But the quantities allowed remain limited and, above all, the purchase of cannabis or seeds remains prohibited.

Moreover, despite the adoption of the law, the regulatory clause, i.e. the texts setting out the authorized quantities and precise terms and conditions, is not yet fully operational.

This situation creates a grey area: a private individual can cultivate for personal use, but the conditions remain unclear. And even if the authorities seem to be more tolerant arrests for possession are still common, especially in rural areas.

Access to medical cannabis remains complex

The Medical cannabis has been legal since 2017, but the conditions of access are so onerous that few patients benefit. To obtain a prescription, the illness must be serious (epilepsy, cancer, Parkinson's...) and the doctor must submit a request to the South African Health Products Regulatory Authority (SAHPRA). An authorization costs around R400 ($25) and is valid for only six months. The process, which is entirely digital, is often slowed down by breakdowns on the official portal.

In practice, many patients turn to home-made solutions. Kelly Mcque, a cancer survivor, recounts in her book At Home With Cannabis how she made her own THC oil to accompany her treatment. She sees it as an act of resilience, but also a necessity. This DIY trend is worrying the authorities: without quality control, the risks of contamination (by heavy metals, fungi or pesticides, for example) are real.

A commercial industry in the making, but poorly regulated

According to several accredited laboratories, the majority of products sold locally do not pass any safety tests. Consumers have to rely on labels or producer declarations, often without guarantees. Brenda Marx, director of the Qure laboratory in Cape Town, asserts that «the main problem remains microbial contamination», due in particular to storage in poor conditions.

The government, aware of the excesses, is preparing a framework law on cannabis which should merge private, medical and industrial uses. The project will provide a better framework for production, licensing and quality testing by 2026-2027.

Cultural and economic challenges

Cannabis has a long tradition in South Africa. Some users see it as a spiritual and community use, threatened by the increasing commercialization of the plant.

Behind the legal debate, a broader issue looms: the distribution of profits from an industry estimated at several billion dollars.

For many local players, the economic legalization of cannabis could become a lever for development... provided that small farmers are not excluded to foreign groups.

South Africa is therefore walking a tightrope. Private use is tolerated, Clubs have exploded, medical cannabis remains bureaucratized, and sales are still prohibited. The country wants to capitalize on the industrial and therapeutic potential of cannabis, but also avoid the excesses of a fast-moving market. The next step should be the publication of implementing regulations and the establishment of a regulated market.