On the eve of Election Day, President Cyril Ramaphosa signed the Cannabis for Private Purposes Act into law.
Ramaphosa signs Cannabis for Private Purposes Act into law
This legislation is a significant step toward regulating the cultivation, possession, and private use of cannabis in South Africa.
The Act acknowledges the right of adults to cultivate and possess specified quantities of cannabis for personal use within private settings, thereby removing cannabis from the purview of the Drugs and Drug Trafficking Act and allowing for its regulated use.
What are the main points of the Act?
The Cannabis for Private Purposes Act includes several key provisions:
- Cultivation: Adults can cultivate up to four flowering cannabis plants per person or eight per household in private.
- Possession: Adults can possess up to 600 grams of dried cannabis per person or 1,200 grams per household in private. In public, possession is limited to 100 grams of dried cannabis.
- Sharing: Adults can share cannabis with other adults without any exchange of money, limited to 30 seeds or seedlings and 100 grams of dried cannabis.
- Consumption: Cannabis can only be consumed in private spaces. Public consumption is prohibited.
- Protection of Minors: The Act includes strict measures to protect minors from exposure to cannabis, including penalties for those who permit children to possess or use cannabis.
- Expungement of Records: The Act provides for the expungement of criminal records for individuals previously convicted of possession or use of cannabis for personal consumption.
What does this mean for inmates convicted of trafficking cannabis?
While the Act permits private use and cultivation of cannabis, it maintains strict penalties for those involved in illegal cannabis trafficking.
Persons convicted of trafficking or dealing in cannabis still face significant legal consequences.
However, individuals previously convicted solely for possession or use for personal consumption will have their criminal records expunged under the new law.
This provision aims to rectify the historical criminalisation of cannabis use and offer a fresh start to those affected by previous legislation.
What happens after the Act is signed into law?
Following the signing of the Cannabis for Private Purposes Act into law, several steps will be taken to implement its provisions:
- Regulation and Enforcement: The Department of Justice and Constitutional Development, alongside other relevant bodies, will establish regulations to oversee the cultivation, possession, and use of cannabis. This includes setting guidelines for legal quantities and ensuring compliance with the Act’s provisions.
- Public Awareness: Government agencies will launch campaigns to inform the public about the new regulations, legal limits, and safe practices for cannabis use.
- Expungement Process: The South African Police Service’s Criminal Record Centre will automatically expunge records of individuals convicted under the old laws. Those whose records are not automatically expunged can apply for expungement through a formal process.
- Industrial Cannabis: The Act also paves the way for the industrial use of cannabis, necessitating amendments to existing laws such as the Plant Breeders’ Rights Act and the Plant Improvement Act. This will enable the development of a regulated cannabis industry, contributing to economic growth and job creation.
