South African president legalizes cannabis for personal use

South Africa has officially confirmed its cannabis reform with President Cyril Ramaphosa’s signing of the Cannabis for Personal Use Act (CfPPA). This law brings the country’s legal framework in line with a 2017 Constitutional Court ruling which ruled that the ban on the mere possession and cultivation of cannabis was unconstitutional.

The Path to Legalization

The legalization of cannabis in South Africa has been a long and complex process. The 2017 Constitutional Court ruling paved the way by giving lawmakers two years to amend the laws. However, it wasn’t until 2020 that a bill has been introduced, and further delays followed before final approval by the National Assembly in November 2023 and the National Council of Provinces in February 2024.

Finally, on the eve of the national elections, President Ramaphosa signed the bill into law, a move that had been eagerly awaited by many South Africans.

Key Provisions of the Law on Cannabis for Personal Use

The cannabis law for The Private Members' Bill introduces several key reforms aimed at decriminalizing the use and cultivation of cannabis by adults. According to a press release from the president's office, the CfPPA «will completely remove cannabis from the law on drugs and drug trafficking», thereby paving the way for amendments to various related laws, including the Act on Medicines and Related Substances, the Act on Plant Breeders’ Rights, and the Act on Plant Breeding.

The new law allows adults to grow their own cannabis plants and consume them in private residences. The bill does not set specific limits on possession or cultivation; these limits are to be established in separate regulations.

The law explicitly prohibits the sale of cannabis, which means that there is currently no legal framework for the commercial sale of cannabis.

In addition, the legislation contains specific provisions aimed at protecting children from undue exposure to cannabis. As the president’s office stated, «The bill provides greater oversight of the administration of cannabis to children under a medical prescription while protecting children from undue exposure to cannabis.».

Economic and Social Impacts

President Ramaphosa has advocated for the inclusion of cannabis in South Africa’s economic strategy. In his 2022 State of the Union Address, he highlighted the potential of the’global medical cannabis and hemp industry to generate significant job opportunities, with the creation of more than 100,000 jobs expected.

Parliamentary Spokesperson Moloto Mothapo expressed the government’s optimism that this bill on non-commercial legalization will serve as a stepping stone toward more comprehensive regulations aimed at establishing an official cannabis market. «The government hopes that the non-commercial legalization bill will serve as a starting point for lawmakers to adopt stronger regulations to support the establishment of a marijuana market in the country.», Mr. Mothapo said.

The CfPPA also provides for the expungement of prior convictions for cannabis possession and cultivation. This measure is considered essential to redress past injustices related to cannabis prohibition and allows for the expungement of criminal records for individuals who were penalized under obsolete laws.

The Bigger Picture: Global Cannabis Reform

South Africa's decision is part of a broader global trend toward the decriminalization and legalization of cannabis. Like South Africa, the The Mexican Supreme Court ruled in 2018 that the criminalization of cannabis was unconstitutional. However, although progress has been made, Mexico has yet to fully implement the necessary reforms.

The South African model, which emphasizes private cultivation and use, reflects the approaches observed in other parts of the world where the focus has been on decriminalizing personal use while continuing to grapple with the complexities of commercial regulation.