South Africa moves closer to legalizing cannabis

The South African National Assembly on Tuesday, November 14, approved the Cannabis for Private Use Bill, marking a significant step towards the legalization of personal cannabis use.

This development follows the Constitutional Court's 2018 ruling. Who ended the prohibition of cannabis in the country. However, as with any cannabis reform, the path to legalization is paved with complexities and nuances.

Why does South Africa want to legalize cannabis?

The roots of this legislative process date back to Western Cape High Court Decision of 2017, who found the prohibition of cannabis consumption by adults in private places unconstitutional. Rastafarian Garreth Prince and former Dagga Party leader Jeremy Acton played a pivotal role in challenging the ban, arguing it disproportionately targeted Black and indigenous South Africans.

The Constitutional Court upheld this decision in 2018,tasking the government with approving an appropriate bill by September 28, 2024, to finalize the legislative reform process.

The private cannabis bill has gained the support of various political parties, including the African National Congress, Democratic Alliance, Inkatha Freedom Party, Economic Freedom Fighters, National Freedom Party, and Pan African Congress of Azania. However, not all voices are in harmony, as the Freedom Front Plus and the African Christian Democratic Party expressed their opposition during the National Assembly's plenary meeting.

Although the bill does not explicitly create a recreational cannabis market nor legalize sales, the committee and the South African government are optimistic about its potential impact on the cannabis industry in the country. The government made the cannabis and hemp sector a priority, recognizing its potential to attract investment, create jobs, and support sustainable rural livelihoods.

Democratic Alliance MP Janho Engelbrecht emphasized the scope of the bill in the Assembly: «This is about cannabis for private use by adults. It is not permissible to buy or sell cannabis, as this remains a criminal activity with serious consequences. If you want to smoke cannabis, you must grow it; do not buy it.».

Expungement of criminal records

One of the notable aspects of the bill is its provision for expunging the criminal records of individuals previously convicted of cannabis-related offenses. Similar to the‘Evolution of cannabis regulation in the United States, this measure aims to rectify the consequences of past convictions and is part of the global trend towards decriminalization.

However, the bill does not specify the quantities of cannabis plants and dried cannabis permitted for private use. To address this gap, the Minister of Justice and Correctional Services, Ronald Lamola, will draft regulations, subject to parliamentary approval, which will define the parameters for adult cannabis consumption in private spaces.

Despite the recent approval of the bill, its journey has been a long one. Moloto Mothapo, spokesperson for Parliament, attributed this prolonged process to concerns regarding the potential impact on children. The Department of Justice and Constitutional Development requested the committee to broaden the bill's scope to include considerations of the best interests of children, emphasizing the need for a balanced approach.

Mothapo specified: «The bill as it was submitted and deliberated by the committee up to its meeting on September 12, 2023, did not go beyond the adult-centered objective of cannabis use for private purposes.».

The bill will now be sent to the National Council of Provinces for approval.