South Africa’s cannabis laws have evolved significantly in recent years but misconceptions about what is legal and what is not remain widespread. (File photo)
South Africa’s cannabis laws have evolved significantly in recent years but misconceptions about what is legal and what is not remain widespread. Many South Africans mistakenly believe that buying cannabis, seeds or related products from shops in malls is legal. But the reality is far more nuanced and public awareness is crucial to avoid unintentional violations of the law.
The complexities around cannabis legalisation — mainly about the lack of accountability, public guidance and awareness of the associated risks of cannabis consumption — is giving rise to an unsettling reality. Young people are increasingly vulnerable to the unintended consequences of an unregulated cannabis environment. The lack of a cohesive legislative framework and law enforcement’s struggle to curb illegal operations have created fertile ground for exploitation, misuse and harm.
In 2018, the constitutional court decriminalised the private use and cultivation of cannabis for adults, emphasising the right to privacy. This landmark ruling allows people to grow and use cannabis in private spaces. But the ruling did not legalise the commercial sale of cannabis or cannabis products, except for medicinal purposes, under strict licensing regulations.
Although the Cannabis for Private Purposes Act was introduced in 2024 to provide a framework for private use, it is important to note that the Act is not yet in operation. Until its provisions are enacted, the Drugs and Drug Trafficking Act (No 140 of 1992) remains in force, strictly regulating the possession, sale and distribution of cannabis. Selling cannabis without the appropriate medicinal licence or any involvement in trafficking remains illegal and punishable under the law.
The dos and don’ts of recreational cannabis
- Use cannabis privately: You are allowed to cultivate and use cannabis in your private space for personal purposes.
- Quantities: You are allowed to be in possession of small quantities of cannabis that will resonate with personal use.
- Don’t buy cannabis from anyone: Purchasing cannabis, seeds or related products from unlicensed shops is illegal.
- Don’t sell cannabis: Selling cannabis for recreational purposes is a criminal offence.
- Don’t use cannabis in public: Public consumption of cannabis is prohibited and can result in legal consequences.
- Don’t expose children: The Drugs and Drug Trafficking Act explicitly criminalises exposing children to drug-related environments, selling drugs to minors and allowing minors to come into contact with drugs.
- Don’t drive: Driving under the influence of cannabis is strictly prohibited under South African law. Intoxication impairs judgment, reaction times and motor skills, posing a significant risk to road safety. Individuals must exercise caution and avoid operating vehicles while under the influence to protect themselves and others.
One of the biggest misconceptions is that cannabis can be freely bought or sold in South Africa. But many shops operating in malls or online that appear legitimate are often unlicensed and operating illegally. There are no licenses in South Africa to sell recreational cannabis. Consumers must exercise caution.
Licenses are issued only for medicinal cannabis. These are issued by the South African Health Products Regulatory Authority after an applicant follows stringent processes around safety, quality standards and operational audits, to name a few. Only licensed “dispensaries” are allowed to dispense medicinal cannabis in strictly controlled environments.
Although the unregulated cannabis environment poses dangers, it is vital to recognise the role of responsible stakeholders in the industry. Ethical operators are pushing for comprehensive regulations to ensure the market operates transparently and safely.
These industry leaders understand that protecting public health and combating illegal trading are critical to creating a sustainable, commercial cannabis framework in South Africa. By working with government bodies and communities, they aim to dismantle illegal operations and provide safe, regulated access to cannabis while prioritising education and enforcement. Their commitment to doing things the right way underscores the importance of clear regulations to align stakeholders and address public safety concerns.
Law-enforcement agencies, including the Directorate for Priority Crime Investigation and the South African Police Service, require adequate resources and mandates to combat the growing illicit market. Without stronger enforcement, illegal traders will continue to exploit loopholes, perpetuating harm to young people, communities and the legitimately operating cannabis sector. Government plans to generate a cannabis economy in South Africa will not achieve their goals until the illicit sector is addressed.
South Africa’s cannabis journey is still unfolding and staying informed is the best way to navigate this complex landscape. Until the Cannabis for Private Purposes Act comes into effect, it is essential to adhere to the provisions of the Drugs and Drug Trafficking Act.
Remember, ignorance of the law is not a defence, so take the time to understand your rights and responsibilities. Protect yourself, and most importantly, protect our children.
Simi Pillay-van Graan is the chief executive of Trikar Enterprise Solutions. She is a former chief executive of Business Against Crime South Africa and the Tobacco Institute of Southern Africa.
