After much anticipation, Parliament passed the Cannabis for Private Purposes Bill (Bill) on 27 February 2024, which now only awaits signature by the President. This Bill establishes a legal framework for the use, possession and cultivation of cannabis in South Africa. Is this good news for the agricultural industry? Not quite yet. As detailed below, the Bill currently imposes significant restrictions on the legal cultivation and commercial trade of cannabis, mirroring trends observed in several other African countries. However, as additional regulations concerning the commercial production and distribution of cannabis continue to evolve, there is potential for change in this landscape.
Conversely, hemp – a close genetic relation to cannabis – has been extensively cultivated for commercial purposes in South Africa and other African countries for several years now. This broad cultivation has expanded opportunities in crop production, presenting significant potential for growth in the agricultural sector.
In terms of the Bill, the use and cultivation of cannabis in the privacy of one's own home is legal, while the use of cannabis in a public space, as well as the distribution of cannabis for commercial and recreational purposes, remains illegal and constitutes a criminal offence. The recent case of S v Haggis and Another (A147/2013) [2023] ZAWCHC 32 (17 March 2023) shows that perpetrators found guilty of distributing cannabis in exchange for payment may be sentenced to a fine and/or imprisonment not exceeding 15 years. In this case, the accused was found guilty of dealing in more than 300kg of cannabis.
Schedule 3 of the Bill lists the prescribed amounts for the private use, cultivation and possession of cannabis, and states that an individual adult may only cultivate and possess (for personal use) four flowering cannabis plants or equivalents in a private place, one flowering cannabis plant or equivalent in a public space, 100g of dried cannabis or equivalent in a public space, 600g of dried cannabis or equivalent in a private place, and unlimited seeds and seedlings for private cultivation.
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