Understanding cannabis and hemp regulations in South Africa

South Africa's cannabis and hemp regulations remain a topic of debate and uncertainty, particularly when it comes to commercial use and small-scale production. Cannabis experts Shaad Vayej and Trenton Birch spoke to Octavia Avesca Spandiel about the challenges that small-scale cannabis and hemp farmers face.

-  Octavia Avesca Spandiel

The Cannabis for Private Purposes Act (No. 7 of 2024) allows for the personal use of cannabis, but commercial cultivation and trade are still restricted under existing laws, creating legal grey areas that impact emerging growers and the broader industry.

“The [Department of Justice and Constitutional Development] has yet to publish regulations on the amount of cannabis that can be planted, but individuals are allowed to cultivate and consume cannabis privately as adults,” says Shaad Vayej, attorney, expert on legal cannabis, and founder of OpenFarms in Cape Town, Western Cape. However, this Act does not extend to commercial use. “It specifically states that no adult can exchange cannabis with another adult for consideration. Consideration is defined as any gift, favour, benefit, reward, or compensation,” he explains.

This limitation means that cannabis clubs, which attempt to navigate this restriction, operate in a legal grey area.

“There is no lawful regulation that allows for commercial trading in cannabis internally in the country,” adds Vayej.

Despite this, South Africa does permit limited commercial cannabis activity under the Medicines and Related Substances Act (No. 101 of 1965).

“THC [tetrahydrocannabinol], the psychoactive element in cannabis, is classified as a Schedule 6 substance, while CBD [cannabidiol] is classified as Schedule 4,” says Vayej.

However, the South African Health Products Regulatory Authority (SAHPRA) states that complementary medicines containing a maximum of 600mg of CBD per pack, providing a maximum daily dose of 20mg, are classified as Schedule 0.

This regulation allows for certain medicinal cannabis products to be produced and exported, primarily to markets in the EU, UK, Australia, and Canada.

“Currently, there are over 110 licences for THC production issued under Section 22C of the Medicines [and Related Substances] Act, regulated by SAHPRA,” adds Vayej.