Current Cannabis Laws In South Africa

Our Comprehensive Guide to Cannabis Consumption in South Africa

Wondering about cannabis consumption in South Africa? Let’s delve into the legalities, regulations, and emerging trends surrounding cannabis use in the country.

Is Cannabis Legal in South Africa?

The legal landscape regarding cannabis, or dagga as it’s commonly known, in South Africa can seem contradictory. While smoking in public areas around non-consenting adults and minors is prohibited, the personal use of marijuana is now legal. This change came about in September 2018 when the Constitutional Court ruled that it’s no longer a criminal offense for adults to use, possess, or grow cannabis in private for personal consumption. The decision was based on the Bill of Rights, which guarantees South Africans the right to live a life free from interference by private or government institutions. This ruling positioned South Africa as the third African country to legalize the personal use of marijuana, following in the footsteps of Lesotho and Zimbabwe.

Legal Limits on Cannabis Possession:

Despite the legalization, there are still guidelines to follow. While the Constitutional Court did not specify a quantity of cannabis for personal use, a preview of the Regulation of Cannabis Bill in February 2020 shed some light on the matter. The proposed bill suggests that South Africans can possess up to 600 grams per person, with a maximum of 1,200 grams per household. Public possession, however, is limited to a maximum of 60 grams. It’s important to note that public consumption remains illegal.

Cannabis Cafes in South Africa:

Following the landmark ruling in 2018, cannabis cafes began appearing in cities like Johannesburg and Cape Town. One such establishment, Cannapax, took advantage of a legal loophole by selling franchise opportunities. The founder, Russell de Beer, claimed legality under the Traditional Health Practitioners Act, as he identified as a traditional healer. However, recent crackdowns by the South African Police Service have led to raids on such establishments. In December 2019, Cannapax was raided, and the founder was arrested. Despite their existence, cannabis cafes operate unlawfully as buying and selling cannabis in South Africa remains illegal.

The Road to Full Legalization:

While the buying and selling of cannabis are still illegal, there’s optimism for full legalization. South Africa’s finance minister, Tito Mboweni, is an advocate for full legalization and regularly shares updates on social media, including his personal giant pot plant. With South Africa facing economic challenges and the cannabis market projected to be worth billions by 2023, the potential tax revenue from legalization could accelerate the process.

In conclusion, while cannabis consumption for personal use is legal in South Africa, there are still regulations and limitations to consider. The evolving landscape suggests that full legalization may be on the horizon, promising both economic opportunities and regulatory challenges for the country.