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SOUTH AFRICANS CAN NOW LEGALLY CONSUME CANNABIS AT HOME


 * Brendyn Lotz

 * 30th May 2024

 * Late on Tuesday President Cyril Ramaphosa signed the Cannabis for Private
   Purposes Bill into law.
 * The Act gives South African adults the freedom to consume cannabis provided
   they observe a number of rules.
 * The legislation also seeks to protect children from the harms of cannabis
   while also outlining how it can be used in a medical context.

On Tuesday while South Africans pondered where to place their X on election day,
President Cyril Ramaphosa signed the Cannabis for Private Purposes Bill into
law.

The bill now know as the Cannabis for Private Purposes Act (CfPPA) was
introduced by the Minister of Justice and Correctional Services in September
2020. Since then the bill has been deliberated and commented on until a final
version was passed to the National Council of Provinces in November 2023. In
February, the National Council of Provinces sent the bill to the President’s
desk and on 28th May, it was signed into law.

The law seeks to respect the right to privacy of an adult person to possess
cannabis whether that be to cultivate or consume the plant. This will also allow
government to regulate the substance and protect individuals from harm more
thoroughly. Moreso, the bill also sought to expunge the criminal records of
individuals convicted for possession or use of cannabis.

“The consequent regulatory reform enabled by the CfPPA will, amongst others,
entirely remove cannabis from the Drugs and Drug Trafficking Act. This will
further enable amendment of the Schedules to the Medicines and Related
Substances Act and provide for targeted regulatory reform of the Plant Breeders
Rights Act and the Plant Improvement Act, as well as other pieces of legislation
that require amendment to allow for the industrialisation of the cannabis
sector,” spokesperson to the president, Vincent Magwenya explained.

“The Bill further guides the medically prescribed administration of cannabis to
a child while also protecting children from undue exposure to cannabis. It
provides for an alternative manner by which to address the issue of the
prohibited use, possession of, or dealing in, cannabis by children, with due
regard to the best interest of the child. It also prohibit the dealing in
cannabis,” Magwenya added.

The mention of dealing in cannabis is important as there are guidelines
regarding the sale of cannabis. Contravening these guidelines, however, puts a
seller in dealing territory.

We’re curious as to how the CfPPA will impact the many, many “grow clubs” that
have sprung up in South Africa. These “clubs” charge customers a membership fee
and in exchange members get cannabis to the value of the membership. This method
used a legal loophole and we suspect it will continue to be used to get around
the restrictions on sale the CfPPA puts in place.

This morning while browsing Takealot, we found cannabis vapes for sale through
Taste of Cannabis.

“A blend of potent distillate and aromatic terpenes. This unique combination
delivers an unforgettable flavor profile, harmonizing cannabinoids and terpenes
for a smooth, satisfying experience,” reads the product description. Plus, if we
order now we can get it by tomorrow.

Get it tomorrow!

While this act essentially makes cannabis legal, that is a loaded statement. For
instance, consuming cannabis in public is still an offense. Similarly, smoking
close to your neighbour’s open window is an offense and so is smoking with
children around.

This legislation allows the use of cannabis by adults only and simply letting a
child find your stash could land you in trouble. There are also rules about
consuming cannabis with others who aren’t keen to partake around.

We’ve embedded the full legislation below for you to read through. Make sure you
know what is and isn’t legal.

There is hope that making cannabis easier and safer to consume will help create
jobs and stoke tourism. Let’s see if that happens.

B19_2020_Cannabis_for_Private_Purposes_BillDownload

[Image – Kinodel from Pixabay]

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Cannabis Cannabis for Private Purposes Act dagga Legal South Africa Weed


ABOUT AUTHOR

More

BRENDYN LOTZ

Brendyn Lotz writes news, reviews, and opinion pieces for Hypertext. His
interests include SMEs, innovation on the African continent, cybersecurity,
blockchain, games, geek culture and YouTube.
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