South Africa has a long and complex history with cannabis, known locally as "dagga." From its early uses by indigenous communities to its prohibition in the 20th century and recent steps towards legalization, the plant has been a subject of much debate and legal maneuvering. This article delves into the current legal status of cannabis in South Africa, examining the key legislation, the impact on various sectors, and the challenges that remain.
Cannabis sativa plant
Historical Context
Cannabis is believed to have been introduced to Africa centuries ago by early Arab or Indian traders. It was already in widespread use among South Africa's indigenous Khoisan and Bantu peoples before European settlement in the Cape in 1652. The first written record of the plant in South Africa is by Jan van Riebeeck, who ordered officers of the Voorman to purchase "daccha" in Natal for trade with the Khoikhoi.
In 1922, regulations were issued under an amended Customs and Excises Duty Act which criminalized the possession and use of "habit forming drugs", including dagga. Cannabis was wholly criminalised in South Africa in 1928 under the Medical, Dental, and Pharmacy Act, for political and moral reasons.
Under the Drugs and Drug Trafficking Act of 1992, people found in possession of more than 115 grams of dagga were presumed to be guilty of dealing.
Read also: Legal System in South Africa
Decriminalization and Legal Framework
Recreational use of cannabis became legal in 2018 following the constitutional court’s ruling in Minister of Justice v Prince. In the matter of Minister of Justice v Prince, the court ruled that adults may, for their personal consumption, use, possess and cultivate cannabis in private. In this regard, privacy is not confined to the dwelling (home) of the adult, and adults may, for their personal consumption, use, possess and cultivate cannabis in any place that is private and not public.
On 18 September 2018 the South African Constitutional Court decriminalized the use and cultivation of cannabis in a private space, and provided a 24-month period in which the Parliament of South Africa could amend the relevant laws, failing which the court judgement would prevail.
On the 29th of May 2024 the President of South Africa signed into law the Cannabis for Private Purposes Act ("CPPA"). The CPPA sets out appropriate provisions to ensure clarity around, amongst other things, what is considered 'in private' and quantity that qualifies as private use.
The bill removes cannabis from the country’s list of outlawed narcotics, meaning adults are now free to grow and consume the plant (except in the presence of children). The bill also stipulates that those who broke the law by committing such deeds should have their records automatically wiped clean.
Further, it criminalises smoking cannabis in public or selling it and sets limits on how much cannabis individuals may own for private use and cultivation. For a person living alone, the bill prescribes a maximum of 600g of cannabis and 1.2kg for two or more adults in the same household.
Read also: An Overview: Nigerian Law
The Constitutional Court did not prescribe the quantity of cannabis that would qualify for personal use. The provisions of the Drugs and Drug Trafficking Act, 1992 (Drugs Act), which previously criminalised any form of cultivation, possession, and consumption of cannabis, were declared unconstitutional in Minister of Justice v Prince.
Any recreational use, possession or cultivation of cannabis which is not done in by an adult in private is an offence under the Drugs Act.
Future of Cannabis 2025: Legalization Trends & Market Predictions
Medicinal Cannabis
The sale of cannabis for medical purposes on the other hand has been legal in South Africa since 2017, though the process of legally obtaining a prescription or a license to produce medical cannabis is an exhaustive process, if not virtually impossible. Legally obtaining CBD products that contain little to no THC is relatively easy since it’s considered a non-psychoactive medicine, thus not requiring a doctor’s prescription.
Getting a prescription to use CBD products that contain more than 0.0075% THC, however, will require a doctor’s prescription as well as approval from the South African Health and Regulatory Products Authority - otherwise known as SAHPRA. Medicinal THC products on the other hand are subject to even stricter measures of control and are currently classified as Schedule 6 substances - down from its previous classification as Schedule 7 in 2018.
Those seeking to use it for personal medical reasons must be suffering from serious medical ailments such as cancer, epilepsy, Parkinson’s disease, etc. The applicant must also pay a R400 - or roughly $25 - application fee and will not be able to recoup those fees if rejected. If approved, the prescription is valid for six months, after which the applicant will need to reapply for continued use.
Read also: Overview of SA Drinking Laws
Patients have access to medicinal cannabis in the form of CBD through their pharmacies, provided they have a prescription. Unscheduled CBD Products can also be obtained from pharmacies, supermarkets, health shops or convenience stores. THC based products or synthetic CBD requires the patient to obtain a DoH permit.
In terms of the Medicines Act, THC is not a regulated substance if it takes the form of raw plant materials is cultivated, possessed, and consumed by an adult, in private for personal consumption.
Industrial Use
The following categories of THC, which may have industrial use, are excluded from schedule 7 of the Medicines Act:
- Processed hemp fibre products (e.g. textiles, bricks, ceiling boards) when: (i) the THC concentration is ≤ 0,01 %, (ii) the product is in a form not suitable for ingestion, inhalation or smoking, and (iii) it does not contain whole cannabis seeds.
- Processed cannabis seed products (e.g. hemp seed oil, cosmetics containing hemp seed oil) when: (a) the THC concentration is ≤ 0,001 %; and (b) the product does not contain whole cannabis seeds.
In all instances, the import, export and wholesale distribution and cultivation of cannabis for industrial purposes may only be undertaken by persons who hold a permit issued by the DoH in terms of section 22A(9)(a) (i) of the Medicines Act.
Under the Patents Act, any invention which is new, involves an inventive step and which can be used or applied in trade, industry, or agriculture, may be eligible for a patent in South Africa.
Challenges and Concerns
Despite the somewhat more relaxed approach by South African police in enforcing cannabis laws, the illicit trade is still very much alive. One consequence of the semi-legal and mostly unregulated cannabis market is that much of these products are being sold without having undergone any kind of quality control or basic safety checks.
South Africa faces similar issues when it comes to cannabis product safety testing. Cannabis that is grown inside is generally known to produce better quality product than its outdoor competitors, but is also more susceptible to contamination via mold and fungi that grow easily in densely populated, moist and compact organic environments.
With regards to edible cannabis products, South African Minister of Health, Aaron Motsoaledi signaled that “new draft regulations governing the sale of foods containing cannabis” were incoming. This announcement came on the heels of the controversial move by his department when it banned edible cannabis products entirely in April.
One reason for the hesitancy to fully legalize cannabis and the ongoing mixed messages from government may stem from current divides within the wider medical establishment.
The decriminalization of cannabis in South Africa has sparked growing concern within the medical community, particularly among medical students. As future healthcare providers, they must navigate evolving legal and professional landscapes while forming beliefs about the health effects of cannabis use.
Impact on Medical Students
This systematic qualitative review examined the perspectives of South African medical students on cannabis decriminalization and explored the health impacts associated with its use among medical students. The review found that most medical students held permissive attitudes toward cannabis legalization, particularly among male students and those with prior use.
A key finding of this review is the normalization of cannabis use as a stress-relief mechanism among students. The influence of media and informal sources, rather than structured university education, was another notable trend identified in the review.
Given the findings, there is a clear need for medical curricula to integrate comprehensive, evidence-based substance use education, not only from a clinical standpoint but also to support students’ own well-being and professional growth.
Universities should consider implementing tailored health promotion programs, as well as counseling and support services that address substance use, mental health, and stress management.
Economic Implications
It is estimated that the African cannabis market will grow to be worth $7 bn by 2023, with the main stakeholders being Nigeria with $3.7bn, South Africa $1.7bn, Morocco $900m, Lesotho $90m and Zimbabwe $80m. The potential growth has acted as a motivation for legalization considering the traditionally stagnant economic growth of South Africa.
Besides the large overseas market which draws many investors into the new industry, the local South African market is proving to be another avenue for economic growth.
In his 2022 State of the Nation Address, Ramaphosa expressed his idea to make South Africa a part of the multi-billion-dollar hemp and cannabis sector, on the grounds that such a move would help to remedy the country’s ailing economy and create 130,000 jobs.
However, small-scale farmers - many of whom have cultivated cannabis for generations - face high barriers to entering the legal market. To set up a medicinal cannabis business in South Africa needs a licence from the health products regulatory authority. The cannabis farm has to meet high quality standards, and comply with strict manufacturing and agricultural practices.
More inclusive models are possible. These could include tiered licensing systems with lower fees for small-scale farmers. Communities and commercial investors should partner to strengthen one another.
Leading African cannabis markets by market size (in million U.S. dollars)
Popular articles:
tags: #Africa
