South Africa: first draft of cannabis legalization

South Africa's Constitutional Court declared cannabis prohibition unconstitutional in September 2018, effectively decriminalizing the personal cultivation and simple use of cannabis. The court required the country to propose adapted regulations before September 2020.

A draft bill has been sent to the National Director of Public Prosecutions, the Department of Health, the Treasury and other relevant departments in October 2019 for comment, with a return date of January 31. It will then be submitted to Cabinet for approval before being tabled in Parliament for public comment, before the September deadline imposed by the Court.

The bill contains clear guidelines as to what a person can grow and possess. Buying or selling cannabis remains illegal.

• An individual may possess up to 600g of dried cannabis at home, with a limit of 1200g for a household.
• A prison sentence of up to 10 years will remain in force if anyone is caught buying or selling large quantities of cannabis.
• A person found in possession of more than the maximum individual quantity of cannabis but less than the marketable quantity will always be imprisoned for between two and six years.
• Individuals will be allowed to possess a maximum of 60g of cannabis in a public place. Burning cannabis in public will remain illegal.

In a letter accompanying the bill, Justice Minister Ronald Lamola stated that a commercial model was also under consideration. It would allow for the regulated commercial cultivation, possession and retail sale of cannabis, in the same way as tobacco and alcohol. According to the Justice Minister, a legal regime would guarantee quality cannabis, as well as better education on its effects, and taxes could be levied to improve healthcare for problem users.