Introduction
Background
Amendments to Cannabis for Private Purposes Bill
Next steps
Comment
In August 2021, the Department of Agriculture, Land Reform and Rural Development (DALRRD) unveiled its cannabis master plan – a two-year strategy to commercialise and industrialise cannabis in South Africa (for further details, see "Cannabis update for South Africa").
The first steps towards the implementation of the plan have just been taken: significant amendments to the Cannabis for Private Purposes Bill were presented to Parliament on 8 March 2022. This follows a February 2022 address by South African President Cyril Ramaphosa, in which he stated that cannabis policies and the regulatory framework were set to be reviewed "to realise the huge potential [of cannabis] for investment and job creation".
The Cannabis for Private Purposes Bill was tabled in Parliament in September 2020 (for further details, see "Is the 2020 Cannabis Bill a flower among weeds or a weed among flowers?"). It was aimed at giving effect to a Constitutional Court judgment which held that certain provisions of the Drugs and Drug Trafficking Act 1992 and Medicines and Related Substances Control Act 1965 are unconstitutional and which provided Parliament 24 months to correct.
Under the original bill, a person who possessed between 800 grams and one kilogram of cannabis in private would be presumed to be trafficking cannabis and guilty of a Class B offence (liable on conviction to a fine, up to six years' imprisonment or both). Any person in possession of one kilogram or more in private would be deemed to be engaging in commercial cannabis activity and will be guilty of a Class A offence (liable on conviction to a fine, up to 15 years' imprisonment or both).
Amendments to Cannabis for Private Purposes Bill
The original bill received criticism as it criminalised cannabis trade, and thus obstructed the progress of the DALRRD's cannabis master plan. The amendments revise this approach, and instead seek to authorise "commercial activities in respect of recreational cannabis". In particular, the amendments provide for:
- a new licensing scheme;
- new regulations; and
- a new National Cannabis Advisory Council.
In particular, the amendments to the licensing scheme will provide preferential access to communities historically involved in the growing and use of cannabis as well as those, such as the Rastafarian community. Such communities have historically been prejudiced due to their growth and use of cannabis.
Regulations will be implemented to govern all aspects relating to the cultivation, processing/packaging and sale of cannabis products used for recreational purposes, including relating to the quality, strength and safety of such products. The regulations will be aimed at reducing any potential harm to the public though the purchase of or use of such products, including public education and public health policies.
It is hoped that the bill will be passed in April 2022. However, it is likely that it will need to undergo another round of public consultation before it can proceed.
Considering the great potential of the recreational cannabis industry to create employment and investment opportunities in South Africa, including promoting broad-based black economic empowerment and the importance of providing for cultural and religious freedom of communities to grow cannabis and use cannabis products, it is hoped that the process to finalise this legislation goes smoothly and swiftly.
For further information on this topic please contact Joanne van Harmelen or Altair Richards at ENSafrica by telephone (+27 21 410 2500) or email ([email protected] or [email protected]). The ENSafrica website can be accessed at www.ensafrica.com.