The bill, originally proposed in 2020 following a 2018 Constitutional Court judgement which declared parts of the Drugs Act and Medicines Act unconstitutional, was only implemented four years later. According to the ruling, laws which criminalise the cultivation, use, or possession of cannabis by an adult in private are unconstitutional.
The CfPPA legalises and regulates private cannabis use, possession, and cultivation, removing cannabis from the Drugs and Drug Trafficking Act. However, the commercial cultivation and distribution of cannabis remains illegal, carrying hefty sentences of up to 10 years.
Convenient timing
The legalisation of private cannabis use was largely welcomed by many advocates as an important first step for removing criminal sanctions for cannabis use, as well as automatically expunging criminal records for those convicted of cannabis offences. This included Fields of Green for All (FOGFA), a cannabis reform non-governmental organisation, which celebrated this legislative landmark, but was frustrated with the fact it offered no legal pathway to a cannabis market. Myrtle Clarke, FOGFA’s Director, has argued that the CfPPA is best seen as an “interim” form of regulation, a stepping stone towards a better form of South African cannabis regulation that integrates adult use, a legal hemp industry, and a developed medical sector.
While the CfPPA does lack in some aspects, some believe that getting it approved was already a success within itself.
“I believe there was some political lobbying and pressure put on by the industry to get President Ramaphosa to sign that,” explained Trenton Birch, co-founder and CEO of Cheeba Africa, a cannabis health and wellness company.
“A lot of people do not understand how politically complicated it is to get legislation over the line. So for it not to have [been approved] would have meant we would have been stuck, and after the elections, matters like these are often overlooked for months on end,” Birch added.
A step in the right direction?
Although the law represents a significant milestone, the fight continues for South African cannabis advocates.
Richard Dennehy, founder and CEO of cannabis and hemp company Rehemption, told TalkingDrugs that although CfPPA is a move in the right direction, it has limitations – particularly around the commercialisation of cannabis.
“CfPPA is a significant step forward in aligning South Africa’s legal framework with global trends regarding cannabis. It acknowledges the reality that cannabis use and cultivation is already a part of the social fabric. However, while it allows for personal use and cultivation, it still leaves gaps in terms of commercial exploitation,” Dennehy explained.
Although the CfPPA provided relief to advocates by legalising private cultivation and use, Dennehy argued that it does not do enough to empower small-scale growers economically.
“Growers and industry advocates still face significant challenges in navigating unclear rules and restrictions. The industry’s full economic viability can only be realised when there is legislation that facilitates commercial production and export,” he said.
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“South Africa has favourable growing conditions and a large market for medicinal and recreational cannabis, which means the sector could be a huge economic driver. The missing link is creating pathways for formal market entry, investment, and job creation.”
Dennehy called on the government to educate young people about the various possible facets of the cannabis industry, like product development, marketing, research, and tourism. Greater public-private partnerships to develop national skills around cannabis’ trade and cultivation, as well as creating access to capital, could help small-scale farmers and entrepreneurs thrive in this new environment.
“In the next decade, South Africa could become a regional leader in the cannabis industry, especially if the government implements commercial-friendly policies,” he added.
Cannabis as an income generator
Even if cannabis’ commercial cultivation and sale remains illegal, the CfPPA has led to changes in the country’s cannabis landscape. Six months on, cannabis is increasingly viewed as an income generator.
Although still sold and cultivated illegally, many people are attempting to find ways to enter the newly legal industry. Some cannabis cultivators and sellers are campaigning to be able to sell locally-grown cannabis to larger licensed operations, who then turn it into cannabis products.
Interestingly, the CfPPA has also created a legal grey area where cultivators and sellers can form private members’ clubs.
“[CfPPA] hasn’t really helped growers directly because while the CfPPA does allow for the cultivation and consumption in a private space, it doesn’t allow for the trade, so the only way you can actually cultivate cannabis is into a private members’ club, which doesn’t have any legal framework within the country,” Birch explained.
Private members’ clubs have proliferated since the 2018 court ruling, although their legal status is uncertain; legally they only exist due to a lax interpretation of “private” consumption. One club in Johannesburg, The Haze Club, was raided by police in 2020 for being a “cannabis laboratory”. Their legal defence is still ongoing, set to be heard in the Supreme Court of Appeal later this month.The CfPPA’s broad definition of “private place” may tip the scales in favour of private members’ clubs, legal experts say, although it is still unclear how this issue will be resolved.
“What the CfPPA has done informally means that a lot of cannabis cultivators believe that they can cultivate, but the trade of cannabis is still not allowed,” said Birch. He explained that, from a psychological perspective, people know that the chances of going to prison have reduced considerably.
The future of cannabis in South Africa
As expressed earlier, amending the CfPPA to include trade or more forms of enshrined use would be a great next step. This could go in a similar way to that of hemp: a 2021 Government statement regulated its importation, exportation, cultivation, sale, and research.
Menic Townsend, a cannabis expert and employee at Dr. Dank Centurion, a medical cannabis dispensary, told TalkingDrugs that he sees potential for growth in South Africa’s cannabis industry.
“I would say that in the last year, the industry has grown rapidly, so there is plenty of potential looking forward,” Townsend said. “I am unsure where the industry will be in the next decade, but if everything works out smoothly there are endless possibilities for the growth of the cannabis industry and communities.”
Birch echoed Townsend’s hopeful outlook. “The economic opportunity for cannabis is immense in South Africa. We have a legacy for cannabis we have been cultivating for hundreds of years. Cannabis has been used by traditional healers for decades,” he explained. “We have that legacy and good genetics, good environmental conditions, and at the moment, there is a huge drive for cannabis.”
Whether this legacy and drive can translate into an economically beneficial and just market is another story. Already, the move towards decriminalisation has locked out traditional growers due to high entry costs. Whether companies or the state will push for more equitable access remains to be seen.
