Summary
Cannabis Legislation Status: The Cannabis for Private Purposes Bill, passed by the National Assembly in November 2023, is now with the National Council of Provinces. It was initially introduced in 2020 following Constitutional Court judgments, aiming to legalise adult private use of cannabis.
Public and Stakeholder Engagement: A period for public comments spanned from 30 November 2023 to 19 January 2024, inviting feedback from various sectors.
Key Clarifications from the Department of Justice and Correctional Services:
Cannabis use is restricted to private contexts.
The sale and purchase of cannabis are illegal.
Cannabis can be obtained without a transaction.
Private and social cannabis clubs are not allowed.
It's illegal to use cannabis in the presence of children, but they can help in cultivation.
Using cannabis in public spaces remains prohibited.
Regulatory Details Pending: The bill's specifics about quantities and definitions, like what constitutes a "private space", are yet to be defined in regulations.
Possibility of Future Commercialisation: Despite current restrictions, the government recognises the economic potential of cannabis, with President Cyril Ramaphosa indicating a desire to develop a cannabis industry.
Access to Cannabis: Individuals can cultivate cannabis for personal use in private spaces but cannot sell it. Those unable to cultivate may obtain cannabis from others without payment.
Enforcement and Legal Clarity: The bill clarifies instances where police can arrest individuals to prevent contraventions like selling cannabis. Additional legal adjustments are needed to ensure compliance with the Drugs and Drug Trafficking Control Act.
Children's Involvement: The bill strictly prohibits cannabis use and possession by anyone under 18, allowing them only to assist in cultivation.
Pending Legislative Definitions: The bill does not yet specify quantities for cultivation, possession, and transportation, leaving these to be determined in future regulations.
Reference - Cannabis Use in South Africa