Did you know it’s legal to grow your own cannabis for private consumption in South Africa? As your go-to source for all things cannabis cultivation, Evergreen Grow is here to guide you through the evolving legal landscape of growing your own Zol in our beautiful country. In this blog post, we’ll delve into the current legal status of cannabis in South Africa and what it means for anyone interested in growing their own bud.
The Green Light for Personal Use and Cultivation
In September 2018, the Constitutional Court of South Africa made a landmark ruling. The case, known as “Minister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others [2018] ZACC 30,” was a pivotal moment for cannabis enthusiasts and cultivators. The court decriminalized the personal use and cultivation of cannabis in private spaces. This significant change in South African cannabis law means that adults can now legally grow, possess, and consume cannabis within the confines of their own privacy for personal consumption. However, it’s crucial to understand that this ruling is specific to private, personal use. The public use of cannabis, as well as its sale or supply, continues to be prohibited under South African law.
The ruling does not define ‘personal consumption,’ which has opened up a can of worms. The needs of cannabis consumers differ. If the individual is growing cannabis plants for tinctures or extracts, they will require a large amount of biomass to extract from. Both scenarios involve individuals who are growing cannabis for legal private personal consumption, but the number of plants they grow differs greatly. Since the ruling has not defined this, it depends on the discretion of the authorities. This creates room for confusion and abuse of the law by authorities, hopefully future legislation makes provisions for the needs of different users.
Sale and Distribution: Still a Grey Area
While personal use and cultivation have been decriminalized, the sale and distribution of cannabis are still illegal. This includes any form of public smoking. So, while you can enjoy your home-grown cannabis, selling it or using it in public spaces is not allowed under current law.
Regulation and Control: A Work in Progress
Despite the decriminalization of personal use, there is currently no regulatory framework for the control of cannabis in South Africa. This means that there are no legal provisions for the production, supply, or distribution of cannabis for recreational use.
Medical Use: A Ray of Hope?
Medical use of cannabis is legal in South Africa. In 2017, the South African Health Products Regulatory Authority (SAHPRA) permitted the use of cannabis for medical purposes. However, it is regulated and requires a prescription from a medical practitioner.
For patients looking to use cannabis as medicine:
Cannabis has not yet been designated as a registered medication in South Africa, so for patients to gain access to medicinal cannabis they must do so in terms of a Section 21 Access to Unregistered Medicines application.
For doctors who want to prescribe cannabis as medicine:
To prescribe cannabis as a medicine under the terms of Section 21, you must be a HPCSA registered medical provider and be registered in terms of Section 21 with SAHPRA.
For growers looking to grow medicinal cannabis:
Anyone who wants to grow, produce, or supply any medicinal cannabis product must apply to SAHPRA for a license under the provisions of Section 22C(1)(b) of the Medicines Act to do any of the following:
- Cultivate/Grow and produce cannabis andcannabis resin
- Extract and test cannabis, cannabis resin and/or cannabinoids
- Manufacture a cannabis-containing or cannabinoid-containing medicine
- Import a cannabis-containing medicine
- Export cannabis containing medicine
- Distribute a cannabis containing medicine
In addition to this license to SAHPRA, you will also have to apply to the Director-General of Health for a permit in terms of the provisions of Section 22A(9)(a)(i) of the Medicines Act to acquire, possess, manufacture, use or supply cannabis for medicinal use.
For more information by SAHPRA.
The Cannabis for Private Purposes Bill: A Step Forward?
In 2020, the Cannabis for Private Purposes Bill was introduced to the South African Parliament. The bill aims to regulate the use and possession of cannabis by adults and to protect children from exposure to cannabis. It also provides for the expungement of criminal records for cannabis offenses. The bill is still under consideration and has not yet been passed into law. We will explore this in another article coming soon.
So now what?
To conclude, it’s best to stay on the right side of the law. Keep your grow private and only for personal consumption. The future holds promise for the commercial potential of cannabis in South Africa. There is business waiting to happen, but the laws are lagging behind. In short, cannabis, dagga or zol is legal for adults in South Africa to consume and grow in private for personal consumption.