Africa Needs Cannabis Income

Since the legalisation of cannabis for private use in South Africa last year, there has been much confusion over the legality of farming and trading in cannabis and cannabis-related products. With its ideal climatic conditions for cannabis cultivation, the country is optimally placed to profit from the enormous economic potential of the crop. Lindi Botha reports.

- Lindi Botha

IS IT LEGAL TO FARM CANNABIS IN SOUTH AFRICA OR THE REST OF AFRICA? ROZAYNE MALYO (RM), National chairperson of the Cannabis Development Council of South Africa: The original ruling by the Western Cape High Court was that cannabis be legalised for possession and use only within a private dwelling. The Constitutional Court has subsequently expanded on that to state that a person may grow or consume the plant in any private place. This means that cannabis can be cultivated by an adult in a private place, and this cannabis must be for that person’s personal consumption in private.

Provision was also made for the transportation of cannabis so that personal privacy includes carrying cannabis on one’s person, in one’s luggage or in a motor vehicle. Someone can therefore now legally have a reasonable amount of cannabis on his or her person at all times without being arrested. The ruling, however, did not define what this amount is, or at what point a person would be considered a dealer. The South African Police Service recently issued an instruction to its officers to stop arresting and prosecuting people who have 3kg or less of cannabis in their possession.

However, while people are allowed to cultivate their own cannabis, they are not permitted to sell it or trade in it. The court explained that they did not seek to fully legalise the plant and they unfortunately could not make a decision on trade as it had not been addressed by any of the plaintiffs or previous court rulings. The court effectively created what is now a half pregnant situation.