South Africa Moves Closer to Cannabis Legalization

The National Assembly in South Africa has approved a cannabis bill aiming towards legalization and addressing the disproportionate impact of the previous ban on Black and indigenous populations. The bill includes provisions to clear past cannabis-related criminal records and is awaiting further definition of allowed quantities, with considerations for protecting children’s interests.

The National Assembly in South Africa approved on Tuesday, November 14, a bill for the private use of cannabis, marking a significant step towards the legalization of personal cannabis use.

This development follows the 2018 Constitutional Court ruling which ended the prohibition of cannabis in South Africa. However, as with any cannabis reform, the path to legalization is paved with complexities and nuances.

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The Legislative Journey in South Africa

The origins of this legislative journey trace back to the 2017 Western Cape High Court decision, which deemed the prohibition of adult cannabis consumption in private places unconstitutional. Key figures in challenging the ban were Rastafarian Garreth Prince and former Dagga Party leader Jeremy Acton, who argued that the ban disproportionately targeted Black and indigenous South Africans.

The Constitutional Court affirmed this decision in 2018, mandating the government to approve an appropriate bill by September 28, 2024, to finalize the legislative reform process.

Political Support and Opposition

The bill for private use of cannabis in South Africa received support from various political parties, including the African National Congress, Democratic Alliance, Inkatha Freedom Party, Economic Freedom Fighters, National Freedom Party, and the Pan Africanist Congress of Azania. However, not all voices are in harmony, as the Freedom Front Plus and the African Christian Democratic Party expressed opposition at the National Assembly’s plenary meeting.

Despite the bill not explicitly creating a recreational cannabis market or legalizing sales, the commission and the South African government are optimistic about its potential impact on the country’s cannabis industry. The government has prioritized the cannabis and hemp sector, recognizing its potential for attracting investments, creating jobs, and supporting sustainable rural livelihoods.

Democratic Alliance MP Janho Engelbrecht emphasized the scope of the bill: “This is about private use of cannabis for adults in South Africa. It’s not permissible to buy or sell cannabis, as that remains a criminal activity with serious consequences. If you want to smoke cannabis, you must grow it, don’t buy it.”

Clearing Criminal Records

One notable aspect of the bill is its provision for clearing the criminal records of individuals previously convicted for cannabis-related offenses. Similar to cannabis regulation evolution in the United States, this measure aims to rectify the consequences of previous convictions and is part of the global trend towards decriminalization.

Unclear Regulations on Private Use

However, the bill does not specify the allowed quantities of cannabis plants and dried cannabis for private use in South Africa. To address this gap, the Minister of Justice and Correctional Services, Ronald Lamola, will draft a regulation, subject to Parliament’s approval, defining the parameters for adult cannabis consumption in private spaces.

The Long Road to Bill Approval for South Africa

Despite the recent approval of the bill, its journey has been lengthy. Parliament spokesperson Moloto Mothapo attributed this prolonged process to concerns about potential impacts on children in South Africa. The Ministry of Justice and Constitutional Development requested the commission to expand the bill’s scope to include considerations related to the best interests of children, highlighting the need for a balanced approach.

Mothapo stated: “The bill as it was tabled and deliberated by the committee until its meeting on September 12, 2023, did not go beyond the adult-focused objective of private cannabis use.”

The bill will now be forwarded to the National Council of Provinces in South Africa for approval.

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(Featured image by Tobias Reich via Unsplash)

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